SECUNDA – The Middelburg High Court ruled that Mr Felani Mndebele, municipal manager of the Govan Mbeki Municipality, has been unlawfully suspended.
The proceedings instituted against Mr Mndebele on 16 October last year, were declared unlawful.
The court also nullified the appointment of a second respondent as a presiding officer (hearing chairperson) and declared it invalid and 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.
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’s response to these allegations was heard during a virtual extraordinary council meeting on Wednesday, 2, September last year.
He disputed all allegations levelled against him.
He told the council that since he was appointed as the municipal manager, there has been a massive political interference meted out by the executive mayor on the issues of recruitment, the appointment of staff, the appointment of service providers to do business with the council and the payment of service providers.
He said his day-to-day running of the municipality was made to be impossible as he could not effectively carry out his duties because he was expected to consult with her (the executive mayor). If he did not, he was labelled as a delinquent or threatened with his job.
Ms Ngxonono disputed Mr Mndebele’s response by saying that he did not provide adequate reasons why he should not be placed on precautionary suspension.
Mr Mndebele also told the council that he was going to reveal more information in a properly constituted disciplinary tribunal.
Mr Sibusiso Hlolweni, SAPROMO president, welcomed the High Court’s decision but was unhappy that councillors were not informed that the matter has reached the High Court.
“The municipal manager was suspended by the council, not by an individual and if there were changes, we were supposed to have been informed.
“We want to state it clearly that those who took decisions to let this matter go to the High Court, must be responsible for the costs.
“The costs, in this case, has now exceeded R1-million which the municipality has to pay.
“We are also worried about our legal department because our municipality always loses cases,” said Mr Hlolweni.
The EFF also welcome the High Court outcome, though they are concerned about court costs.
“High Court costs should be paid by members of the mayoral committee and the mayor from their coffers.
“The former executive mayor was dictating over the suspended municipal manager using political factionalism battles, by forcing the poor guy to break the law (MFMA),” said Mr Thabiso Mofokeng, EFF chief whip.
The DA has noted the victory of the suspended Mr Mndebele against the municipality at court.
“We are aware that the municipality has been ordered to reimburse Mr Mndebele for legal costs incurred in this case.
“We think that the incurrence of exorbitant legal fees on the part of the municipality to fight battles in the High Court, is intended to protect ANC cadres, and double payment of acting and suspended officials are a further waste of public funds that the bankrupt municipality simply cannot afford.
“It could have been put to better use if it was allocated towards delivering services,” said Ms Ciska Jordaan, DA Mpumalanga deputy chairperson.
Govan Mbeki Municipality did not respond to questions sent by the newspaper at times of going to press.
The municipal communication department referred the newspaper to the current executive mayor, Mr Nhlakanipho Zuma, who did not respond at the time of going to press.
