SECUNDA – Govan Mbeki Municipality is appealing the High Court finding that the municipality has unlawfully suspended its municipal manager.
Municipal manager, Mr Felani Mndebele, was placed on precautionary suspension with full pay as recommended by the then Govan Mbeki executive mayor, Ms Thandi Ngxonono, who accused him and his officials of negligence in failing to deliver services to residents.
The High Court also found Govan Mbeki municipality was in breach of the contract of employment entered into with Mr Mndebele.
At the council meeting held on Tuesday 23 March, a decision was taken to appeal the ruling.
Opposition parties distanced themselves from that decision.
Mr Mndebele told the Ridge Times that he reported for duty on Tuesday, 23 March, and was welcomed by the executive mayor, Mr Nhlakanipho Zuma.
“I waited in my office for the whole day to be welcomed by other leaders. I knocked off at 2:30 pm that day. I was surprised later that same day when my lawyers told me that the municipality appealed the court decision,” said Mr Mndebele.
His lawyers have responded to the appeal and are waiting for the date of the appeal hearing.
“We don’t support the decision to appeal the high court ruling,” said Mr James Masango, DA-councillor and deputy federal chairperson.
“We want the acting municipal manager to go back to his position at the Gert Sibande District Municipality, because our municipal manager won in the High Court.
“Mr Mndebele must come back and resume his duties because he is getting paid while sitting at home.”
Mr Masango said the DA believes that those who want to appeal the decision, must use their own money and not public funds.
“That will stop them from taking unnecessary decisions,” said Mr Masango.
Mr Sibusiso Hlolweni, SAPROMO president, said the decision to appeal the judgement of the High Court is invalid.
“We were not informed when the matter was taken to court. The council must not be dragged into this case. How can we appeal something that we didn’t approve. We never took any resolution to take the matter to court and it was not even supposed to be a council item.
“All those who voted for the matter to be appealed, should be liable for any costs incurred,” conclude Mr Hlolweni.
The EFF said the municipality is going to lose for the second time in the High Court.
“Our mayoral committee is not honest with the council. How can you appeal before council could decide,” said Mr Thabiso Mofokeng, EFF chief whip.
“The mayoral committee has misled the council because the appeal was filed before the council sitting and they came to the council for us to rubber-stamp their decision.
“We can’t support such mafia-style decisions. They have also used three different lawyers but they lost.
“They are going to lose again and they must pay the cost with their money,” said Mr Mofokeng.
In his council opening remarks, Mayor Zuma said the municipality is under severe financial strain.
The municipality’s communications department said the council meeting was a closed session and the item was a confidential employee matter.
