ELM resists political pressure to re-instate suspended CFO

The two opposition political parties this week questioned Dyakala’s continued suspension after his light sentence and suspension in disciplinary proceedings were referred for review to the Johannesburg Labour Court by ELM last year.

However, the Labour Court has not yet concluded the matter. Now the Democratic Alliance (DA)demands that Dyakala returns to work immediately alleging his case was concluded, whereas the Economic Freedom Fighters (EFF) has, stopping short of demanding reinstatement, insisted the CFO position be “stabilised” as soon as possible.

EFF regional chairperson Isaac Khitika said in a statement the CFO position needed to be stabilised but added the EFF was not aware of a Council decision suspending Dyakala.

Kingsol Chabalala, DA Political Head for Emfuleni North, said Dyakala’s disciplinary hearing had been concluded and he should return to work.

But ELM this week doubled down on its insistence that Dyakala was in fact still on precautionary suspension and stated categorically that Dyakala would not be allowed to resume work.

“Mr Dyakala has been advised that his precautionary suspension is still in place….accordingly the CFO has been formally advised not to report for duty up until the Courts of Law or the Municipality informs him otherwise,” said Sangweni.

This follows Dyakala last week arriving at ELM Head Office in Vanderbijlpark and attempting to place himself back on duty despite no official instruction to return to work, with security officials marching him out again.

This incident has now landed Dyakala in further hot water, according to ELM sources, which could result in further disciplinary charges as he could have written a letter asking to return to work – instead he sent a lawyer’s letter stating categorically he would be returning.

Dyakala was found guilty on two serious disciplinary charges late last year by an independent panel of attorneys but ELM Council did not accept the outcome and referred the case and suspension to the Johannesburg Labour Court for review.

The central issue of both political parties seems to be is that they regard Dyakala as automatically “ünsuspended” due to the pronouncement of the Majavu Attorneys disciplinary panel – which however was considered a recommendation not accepted by ELM Council (the elected political representatives).

ELM sources have claimed that Labour Court delays on the matter were due to Majavu Attorneys not providing the court with a full record of the proceedings.

But this was dismissed out of hand by Zola Majavu himself who told Vaalweekblad this week that numerous electronic copies of proceedings were sent to ELM and two municipal IT representatives sent to physically retrieve records signed for them.

Dyakala himself recently applied to have his suspension uplifted at the CCMA, which last week ruled it had no jurisdiction to lift such suspension – or even hear the matter – as the case and suspension was already before the Labour Court.

Dyakala has also previously lost a bid in the Johannesburg Labour Court to have his suspension uplifted before his failed CCMA approach. This was however, before the CCMA rejected Dyakala’s recent application.