This follows a R100-million unauthorised expenditure when it comes to a tender for the provision of roads maintenance and rehabilitation services in September 2012.
According to Berg, the project was halted after the Supply Chain Management Policy was interfered with with a huge cost tag.
He says the city manager also did not follow the rules and regulations of the policy.
According to a media report, two companies were given the tender, however, only a certain amount of money through tender proceedings is allocated to projects.
This resulted in the city manager, Khaya Ngema, withdrawing the tender from the companies four months later in January 2013, but went on to give work to other contractors without following the process.
The companies took the matter to the South Gauteng High Court in February 2013, and in May, the case was heard with application granted in June.
The municipality and Ngema applied for leave to appeal against the court order, which had the effect of suspending its operation.
The contempt application was heard in November 2013, and an interdict was issued which prevents the municipality and Ngema from awarding the work to any other contractor until the outcome of the appeal.
The city manager will, thus, be in violation of the court ruling by giving work out to contractors in fixing potholes.
“As a result, the fixing of potholes will have to be done in-house, for which the metro doesn’t have the capacity, seeing that they went out to tender,” says Berg.
“Maintenance of roads comes to a standstill, because the court stopped respondents to precede maintenance and rehabilitation of roads until June 2015,” adds Berg.
Berg said that Ekurhuleni has become known for wasting millions of rands on court cases which they keep on losing, wasting ratepayer’s well deserved monies.
He further stated that the city manager should be held accountable for these monies wasted.
“They should rather spend these monies on cleaning our towns and for the upkeep of our parks, which is in a shocking condition.”
According to metro acting spokesperson, Themba Gadebe, the metro as a democratic organ respects and upholds the decision by the South High Court.
“We, however, wish to stress that the interim interdict does not negatively impact on service delivery as the bid in dispute is an ‘as-and-when’ contract and it doesn’t affect current contracts in respect to road maintenance.
“The case involves a constitutional principle, and more importantly, the fiduciary obligation of the accounting officer in respect of procurement and supply chain issues.
“The metro is, however, hopeful that the courts will expeditiously conclude on the dispute.”
