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The Municipal Systems Act
"According to the Municipal Systems Act 32 of 2000 - item 7 of schedule 1 - a municipal council must determine which of the financial declarations must be made public having regard to the need for confidentiality and the public interest for disclosure," says council spokesperson Nthatisi Modingoane.

"The City of Johannesburg council has made provision that there be two registers, public and confidential ... The councillors must be accountable for all these gifts."

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Mayor gets unusual gifts

THE mayor has no financial interests to declare, but he has received a lot of presents, according to the public register.

July 1, 2005

By Ndaba Dlamini

BEING the public face of the City of Johannesburg means that Executive Mayor Councillor Amos Masondo receives a host of unsolicited gifts from a wide range of official bodies, as well as individuals.

Each time, the mayor meticulously records each and every gift in the public register.

During his tenure, Masondo has received gifts from individuals and companies ranging from a fancy Japanese vase to a copy of the bible, from caps to cartons of cigarettes.

According to the 2002/2003 public register of the declarations of financial interests by City councillors, Masondo has received ties, T-shirts, bottles of wine, calendars and paintings, among other gifts.

In 2002 the mayor of London, Ken Livingstone, gave Masondo a book on London by Sampson Lloyd. He also received a certificate of appreciation from the mayor of New Orleans, in the US.

What Masondo does with his gifts is up to him, says council spokesperson Nthatisi Modingoane. "A councillor may decide to donate the gifts to charity or he or she may keep these gifts for personal use.

"However, council policy says all councillors must declare the gifts received by that councillor above the prescribed amount of R350. It is up to their discretion whether to declare gifts below the stipulated amount."

In February 2003 Masondo was given a cellphone worth R3 000, with R72 000 worth of airtime for the year. That gift, however, was returned to the sender.

Besides the public register, the municipality keeps a confidential register of all declarations of financial interests by councillors.

According to the Municipal Systems Act of 2000 the municipality decides which financial interests are to be publicly declared and which are to be kept private.

Regarding full-time councillors, the act says they may not request, solicit or accept any reward, gift or favour for voting or not voting in any municipal council or committee of which that councillor is a member.

Councillors are supposed to declare in writing to the municipal manager any other financial interests held by them, besides gifts from well-wishers, within 60 days of their appointment, according to the act.

It says council officials are supposed to declare:

  • Shares and securities in any company;
  • Membership of a close corporation;
  • Interest in any trust;
  • Directorships;
  • Partnerships;
  • Other financial interests in any business undertaking;
  • Employment and remuneration;
  • Interests in property;
  • Pension; and
  • Subsidies, grants and sponsorships from any organisation.
Besides being a member of a special pension fund, Masondo has no other financial interests to declare.

On the other hand, the mayoral committee member for municipal services, Brian Hlongwa, holds directorships in three companies, namely Selco, Brisigo and Vihale Investment. He also holds shares in Brisigo and Vihale.

Strike Ralegoma, the mayoral committee member for housing, received a donation from Trapeace, a South Korean company. Parks Tau, the mayoral committee member responsible for finance, strategy and economic development, has nothing to declare.

The mayoral committee member for the inner city, Sol Cowan, has shares and securities worth R10 000 in Billboard Holdings and has shares in Bytes Technology, DNA Supply Chain Investments, Leisure Limited and Mustek. He has a 33,3 percent interest in LSB Distributors.

Council Speaker Nandi Mayathula-Khoza is a member of the Rand Water board of directors. She is also on the Nicro board of directors and of the Unisa Institute for Health and Social Services. She is the co-owner of a property in Mondeor.

Mike Moriarty, the leader of the opposition Democratic Alliance in the council, has a 100 percent interest in Michael Moriarty Payroll and Project Management. He is the director of the Zoo Lake Users Committee, a Section 21 company, and Fellowship Community Churches.

Moriarty is self-employed and also works for Peter Horwitz Incorporated, Edcon Limited, Paywell and HR Focus Holdings.



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