A Nelson Mandela Bay municipal official’s application for a protection order against his boss, acting executive director of electricity and energy Tholi Biyela, who allegedly threatened that “blood would be spilt” during a meeting, was postponed in the Gqeberha magistrate’s court on Tuesday.
The matter was postponed to May 12 after Biyela arrived with legal representation, while municipal engineer Humphrey Mthimkhulu did not.
In the protection order application seen by The Herald, Biyela is required to state why a final order should not be granted by the courts.
“On March 25, Mthimkhulu Humphrey applied for a protection order against the respondent [Biyela]. The court considered the application but has not issued an interim protection order,” it reads.
Biyela, when first called, replied with a text message that he was busy and a message should be sent.
The message sent to him requested his comment on claims made by Mthimkhulu.
Biyela was called again later.
He answered and said: “I am still caught up in a meeting. I will get back to you.”
He could not be reached again later in the day.
Mthimkhulu, when contacted, said the problems between them started in October.
He said Biyela would not sign the necessary documentation for a deviation for the renewal of a contract that was due to expire in November.
The contract was for a company that offered the services of shifting electricity loads, a technique when load demand is shifted from peak hours to off-peak hours to manage consumption.
“He said he would not sign any deviations and that the contract, which the city had been using for 20 years, must go out to tender first,” Mthimkhulu said.
Mthimkhulu alleged that two weeks later, Biyela approached him, indicating he had a meeting with then acting city manager Mandla George and instructed Mthimkhulu to proceed with deviation.
“By that time, the contract had long expired on November 8.
“According to the Municipal Finance Management Act (MFMA), you can only extend a contract or do a deviation before it expires; once it has expired, it must go out to tender.
“So I refused to do the wrong thing, also because I had requested that we deviate earlier, and he refused, only for him to turn about weeks later.”
Mthimkhulu said that in January, there was a meeting with 10 officials when Biyela allegedly started making threatening remarks.
Earlier, he said Biyela referenced six officials suspended in the department.
“I took those remarks personally because I am the one who has been challenging him about the contract and disobeyed his instruction to go against the MFMA,” Mthimkhulu said.
“He said to those who sabotage him by refusing to do as he says, he will find anything against them to ensure they go to jail or blood will be shed.”
Mthimkhulu said he had taken the threat to heart.
The six officials suspected of gross misconduct were suspended in January after an explosion at an electricity substation at the Coega IDZ in 2024.
Electricity and energy political head Ziyanda Mnqokoyi said she saw statements about the issue doing the rounds on social media and did not want to get involved.
“I will wait for the court outcomes.
“In this whole matter, I’m confused how an individual would be the only one who felt threatened by something said in a meeting with several other officials.
“Everyone can see Biyela is bringing positive change in the department so such things are to be expected because as an executive director you can’t allow people to do as they please without taking accountability.”
In a statement, Mayibuye Civic Movement leader Tukela Zumani said they were disappointed and concerned that Mthimkhulu had to seek a protection order.
“With the alleged pressure to engage in contracts violating the MFMA, these actions, if proven true, point to a pattern of behaviour that directly contributes to the failing service delivery plaguing our communities.”
Zumani said they stood with Mthimkhulu and called on the metro to take action against Biyela.
The Herald
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