Tshwane takes stand against order for officials’ reinstatement

The City of Tshwane is challenging an arbitration award that ordered the reinstatement of five senior officials implicated in the controversial Rooiwal waste water treatment works tender.

The five senior officials were placed on precautionary suspension last year amid accusations of flouting processes to award the Rooiwal tender to companies linked to controversial businessman Edwin Sodi.

The officials were charged with gross negligence and/or dereliction of duty, which breached legislation, policies and codes of conduct.

Officials charged with gross negligence/dereliction of duty

However, the South African Local Government Bargaining Council’s (SALGBC) arbitration award ordered the five to return to work by yesterday. Hammanskraal farmer Theunis Vogel said not much has changed at Rooiwal.

“The state of the Apies River has not changed.

“They said by the end of this week the pressure belt will work again, but I want to see that happen first,” he said.

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Vogel said the fumes from the sewage were harmful to the residents and crops in the area.

“We have lost harvest after harvest, hardly breaking even,” he said.

South African Municipal Workers Union (Samwu) secretary Dumisane Magagula said the union condemned the city’s attempt to undermine the SALGBC order.

Tshwane’s attempt to undermine order

“Samwu strongly condemns the City of Tshwane’s reckless decision to pursue a review of the SALGBC arbitration award, which declared the suspension of five officials unlawful and ordered their reinstatement.

“The city’s baseless claims of defects in the proceedings and the SALGBC ruling are a calculated attempt to escape its legal obligations.

“This spurious excuse serves no purpose other than to delay justice, prolong unnecessary legal battles and waste taxpayers’ money,” he said.

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“Under the former mayor, Cilliers Brink, the city made it a habit to challenge and dismiss SALGBC findings, rather than honouring the agreements reached.

“This was clearly evident when the city refused to implement lawful directives to pay workers their 3.5% and 5.4% salary increases, instead, opting to waste public resources fighting in court.

“The city’s repeated refusal to comply with binding agreements undermines the foundation of labour relations and collective bargaining.

‘This is an insult to every worker’

“This is an insult to every worker in Tshwane and a direct assault on the rights that our members are entitled to under South Africa’s labour laws.

“It is evident that this review application has been driven by political interference and we believe it is former mayor Brink, who continues to pull the strings behind the scenes.

“It is time for the new leadership to stand firm, demonstrate their authority and show who is truly in charge of the city,” he added.

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Magagula said Samwu would not stand by as the city sought to undermine members’ rights.

The union would demand that the city honour its commitments, stop wasting public funds on frivolous legal battles and uphold the principles of fairness, justice and respect for workers, he added.

ActionSA’s Tshwane caucus spokesperson Tshepiso Modiba said the party fully supported the decision, adding that challenging the SALGBC’s ruling was not only a legal necessity but also necessary to protect public funds.

ActionSA fully supported decision

“Reinstating individuals implicated in wrongdoing would undermine the city’s efforts to establish transparent, honest and effective administration.”

DA Tshwane caucus leader Cilliers Brink welcomed the move by the opposition to keep the officials suspended.

“This case has major implications for the future of the city,” he said.

Additional reporting by Faizel Patel

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