Durban – In a groundbreaking judgment on Wednesday, 16 officials of the eThekwini municipality – including the city manager – have been ordered to pay from their own pockets the costs of litigation over a botched tender involving a three-year, R81m water loss insurance contract.
Among those being "punished" for "knowingly acting unlawfully, unconstitutionally and unethically" in the matter are the unnamed city manager who approved the awarding of the tender, and the named managers of contracts, water and sanitation, the deputy head of supply chain operations and some members of the bid evaluation committee and the bid adjudication committee.
Unless they successfully appeal the order granted by Durban High Court Judge Dhaya Pillay they will have to collectively share 50% of the costs of litigation in the matter.
The judge has ordered the current acting city manager to report back to her by the end of July on what steps have been taken to recover the money – and thereafter on the last day of the month until the costs are paid in full.
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