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A TOP ANC member of Parliament has received R237 869 in payments from a financially ailing municipality to render legal advice at a time the town's administration is regarded as riddled by corruption and division.

Chief Mweli Nonkonyana, a senior member of Parliament, has been paid a monthly "retainer fee" of R10 000 since 2002 by the Qaukeni municipality, which is in the Eastern Cape.

Nonkonyana is a member of Parliament's portfolio committee on provincial and local government, part of whose role is to "exercise oversight" over local government.

His conduct raises concern about a potential conflict of interest because he worked for a sphere of government, which, in principle, he is supposed to hold accountable because he is an MP.

In addition to his parliamentary duties, Nonkonyana is also a leader of the Congress of Traditional Leaders of South Africa in the Eastern Cape, and also of the South African Football Association.
   Section 47 of the constitution says those who derive remuneration for service or appointment from the state are not eligible to be MPs.

The municipality's new administration stopped the payments in January after a probe by the Special Investigating Unit (SIU) - a division of the prosecuting authority - found the payments were irregular.

Nonkonyana is also under investigation by the Transkei Bar Council, of which he is member, for alleged violations of his professional conduct as an advocate, after the municipality's administration and the SIU reported him for consulting without taking instruction from an attorney .

Nonkonyana's constituency office, where MPs help communities without charging them a fee, is in the area that includes Qaukeni, but Nonkonyana said he saw "nothing wrong" about an MP receiving earnings from another sphere of government.

"I have disclosed to Parliament that I'm doing the work part-time. Conflict will arise if I'm a member of the institution, for example if I was a councillor," he said.

However, Parliament's register for last year does not indicate that he declared payments in addition to the retainer.

A forensic progress report compiled by the SIU was submitted to Parliament in May this year. It states that in addition to the R10 000 retainer fee, advocate Nonkonyana also received payments directly from the municipality in respect of services rendered "in direct contravention of the rules applicable to advocates".

Documents show that he was also less than honest, declaring to Parliament only a retainer fee, without mentioning other additional income he received from the municipality.

The municipality's records show that in some months he was paid tripple the retainer fee and in some instances he was paid twice a month. In 2002, on March 12 and 30, for example, he was paid R31 615,67 and R21 015,88, respectively. On December 5 last year, he was paid R19 792.

His job was supposed to run until the municipality had established a legal unit.    The chairperson of the Transkei Bar Council , Vusi Msiwa, confirmed that the organisation is probing Nonkonyana, following the complaint lodged by the Qaukeni municipality.

Nonkonyana told the Bar Council he was doing his work with the blessing of the ANC, Msiwa said.
   On Wednesday this week, the Bar Council decided in a meeting to write Nonkonyana a letter asking him to respond to the charge brought by the municipality and the SIU.
   "We are not getting much co-operation from him. For us to take a stern step, we need his response on this matter," said Msiwa, noting that the allegations are "very serious".

Nonkonyana has denied not getting instructions from an attorney. He also denied that he failed to co-operate with the Bar Council, saying he had responded to inquiries.
   Sicelo Shiceka, chairperson of the National Council of Provinces' committee on local government, said an MP is not supposed to get pay for services he provides to government.

"The issue will have to be referred to Parliament's ethics committee," he said, "but we are waiting for all the facts so that the municipality can recover the money (from Nonkonyana)."

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