Is the Makhado Municipality considering criminal charges against Mr Kulani Dumond Nkuna of Risuna Property Consultants and Valuers?
This question is being asked by many taxpayers following the Gauteng High Court’s ruling on 25 July this year that the tender for the compilation of a new valuation roll for Makhado (2014 until 2018) was obtained in an unlawful manner by Mr Nkuna. Acting Judge D Dosio found that tender documents had indeed been forged and that the municipality, Risuna and Mr Nkuna’s failure to contest the allegations of forgery led the court to believe that the parties accepted the correctness of the allegations. More worryingly, with regard to the confidential settlement agreement reached between the Makhado Municipality and Mr Nkuna to withdraw from the valuation process before it was finalised, was Judge Dosio’s finding that the settlement agreement indicated to the court that the municipality had “understood that it did not act in an appropriate manner.”
Last week, the Zoutpansberger asked municipal spokesperson Mr Louis Bobodi whether or not the municipality had brought criminal charges against Mr Nkuna, based on the High Court’s ruling that he had obtained the tender in a fraudulent manner.
The municipality was also, again, asked to indicate what amount of taxpayers’ money had been paid over to Mr Nkuna for a tender contract that he, apart from the High Court ruling, had also failed to complete and withdrew from in May this year.
Bobodi initially failed to respond to the Zoutpansberger’s questions. He was again asked to respond, seeing that any reasonable man, upon reading Judge Dosio’s judgement, would deduct that a crime had been committed. To this, Bobodi merely responded by stating “The … thing that you have raised is still receiving serious attention as to what kind of action should be taken as we are speaking about public money here.”
The South African Council for the Property Valuers Profession (SACPVP), where Mr Nkuna is registered as a candidate property valuer, was also asked whether or not they were aware of the High Court‘s ruling and the remarks concerning Mr Nkuna and what action they intended taking against Mr Nkuna in this regard. For months now, they have been investigating Mr Nkuna in respect of similar complaints in regard of the compilation of the Maruleng (Hoedspruit) valuation roll.
Ms Alicia Daniels of the SACPVP responded on Monday. “Yes, the Council was made aware of the … judgement which was sent to the Council in August 2014, together with an official complaint against the registered persons involved,” she said.
Asked as to what action the SACPVP was going to take, Daniels said that they were following the investigation and disciplinary procedures. “The Council is in the process of obtaining a response to the complaint from the respondents,” Daniels said and added that all the information will be presented to the investigation committee of the SACPVP for consideration at its next meeting. “While it is premature to speculate on exactly what course of action the investigation committee and the Council will decide on in the present matter, the usual procedure is that if the investigator’s report on a matter recommends to the Council that the registered person’s [valuer] conduct constituted a breach of the Council’s Code of Conduct and that the Council should prefer charges against the said registered person, then the Council would proceed to draft formal charges against the said registered persons. These charges will culminate in the hearing of the matter before a disciplinary tribunal,” said Daniels.
Should the disciplinary tribunal find that the said valuer is guilty of the charges put to him or her, Daniels explained, then, in terms of the Property Valuers Profession Act, the tribunal has the authority to apply a sanction against the valuer of either a caution or reprimand; a fine not exceeding the amount calculated according to the ratio for one year imprisonment (determined in terms of the Adjustment of Fines Act); suspend the registration of the valuer concerned for a period not exceeding one year; or to cancel the registration of the valuer concerned. Daniels was also asked whether or not the SACPVP has concluded its investigation into the complaints against Mr Nkuna with regard to the Muraleng valuation roll. “The investigation is still on-going. Our investigator has requested further information from the municipality involved before a final report may be presented to the Council, and we are currently liaising with said municipality to obtain this information,” Daniels said.
