SECUNDA – Mr Felani Mndebele is still suspended according to Mr Nhlakanipho Zuma, executive mayor of Govan Mbeki Municipality.
According to the mayor, this resolution was taken by the council in their ordinary meeting held on Thursday, 27 May.
The mayor said Mr Mndebele was suspended on 3 September last year, and he remain suspended until the matter is concluded.
Mr Mndebele was placed on “precautionary suspension” with full pay as recommended by the then Govan Mbeki executive mayor, Ms Thandi Ngxonono.
There were also allegations made that Mr Mndebele and his officials failed to deliver services to residents due to negligence, such as daily load shedding, no removal of refuse and a serious backlog on most of the services that the municipality is supposed to deliver to the people.
Mr Mndebele disputed the suspension and took the municipality to court.
Mr Michele Melato from the Gert Sibande District Municipality was in the meantime, appointed as the acting municipal manager.
The Middelburg High Court ruled that Mr Mndebele has been unlawfully suspended and that the proceedings instituted against him on 16 October last year, were unlawful.
The High Court also found that Govan Mbeki Municipality was in breach of the contract of employment entered into with Mr Mndebele on 5 October 2018.
Govan Mbeki Municipality and its presiding officer (second respondent) were ordered to pay the applicant’s (Mr Mndebele) costs.
That was however, not the end of the battle.
When Mr Mndebele tried to return to his job, he was again given the boot.
Govan Mbeki Municipality’s leaders decided to appeal the court’s ruling.
The High Court in Middleburg then dismissed Govan Mbeki Municipality’s leave to appeal application against Mr Mndebele with costs.
According to court papers, acting judge HF Brauckmann, when delivering the judgement, said it is unclear which ruling an appeal should be lodged against.
The application for leave to appeal was therefore served and filed without proper authorisation by the applicant (municipality) council.
Mr Mndebele again return to his office for a brief time last week before the council resolved that his suspension remains.
The mayor said after getting legal opinion, the municipality will proceed with the disciplinary processes against Mr Mndebele for financial misconduct.
