Former Tswane Metro chief financial officer Andile Dyakala was reinstated by the Labour Court yesterday after being suspended in July last year.
Even though Judge Annelie Basson ordered that Dyakala should be reinstated with immediate effect and that the Metro will be held liable for the costs, the Metro had, in anticipation of a ruling against them, sent a letter to Dyakala’s lawyers indicating that they will appeal the judgement. In view of this the letter requested that Dyakala should not return to office until the matter of his appointment has been resolved.
In July last year Tswane Metro initiated disciplinary action against Dyakala which lasted several months. The Metro alleged he had been involved in alleged irregularities regarding a printing tender. Subsequent to this, just before his case went to court, Dyakala received notice from the Metro with an offer of settlement in the termination of his contract. According to this offer he would have been given three months’ salary and pay-out on accrued leave. By not accepting this offer the Metro had instituted immediate dismissal.
Dyakala yesterday shed some light on the ill-fated printing tender which led to his dismissal. “The main charges regarding the printing tender is that because of my position as chief financial officer I raised concerns about the price collusion. It was my right to raise questions about it but at the end of the day I became the scapegoat in this tender debacle, in spite of the fact that I said this should be investigated.”
Dyakala pleaded innocence right from the start when the Metro first initiated the investigation against him. He subsequently filed for an urgent interdict requesting the Labour Court to set aside the suspension. Dyakala maintained that the Metro could not prove a case of misconduct against him and that the termination of his contract had therefore been illegal.
“I feel vindicated because the Metro indicated in court that they abandoned their case which means I do not have any case to prove. I realise this has become a personal vendetta between myself and the city manager. I believe that the city manager is willing to use state resources in a fight. I am not going back to the office and embarrass myself with the Metro police called in to chuck me out.
“I will not go to the office until they tell me that I should do so. The Metro wants to use its power to ensure that I be found in contempt of court. It has been a long battle but it looks like it is going to continue because the city has already indicated they are going to appeal,” he said.
Metro spokesperson Selby Bokaba denied allegations about a personal vendetta between the city manager and Dyakala. “The suspension of Dyakalais a matter which served in council,” he said.
Asked whether Dyakala would be barred, should he decide to go to the office, he declined to give an answer and said the Metro had ten days grace to lodge their appeal.
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