CLAIMS of political ‘bullying’, interference in the hiring of staff and misrepresentation of qualifications have been alleged in a legal showdown between the City of uMhlathuze and one of its senior managers.
Less than three months after former Deputy Municipal Manager: Infrastructure and Technical Services, Sifiso Mdakane exited the municipality under a cloud of controversial disciplinary proceedings, a second manager faces the same plight.
The City Council is considering appointing an independent investigator to probe claims of misconduct against uMhlathuze Deputy Municipal Manager: Corporate Services, Mbali Ndlovu.
This follows a string of allegations levelled against the manager by the South African Municipal Workers’ Union (SAMWU) on 23 April, which surfaced before a full Council meeting on 13 May.
At the closed sitting, Council resolved that Ndlovu should be given the opportunity to respond to the allegations and explain why she should not be suspended pending the outcome of an investigation.
The grievances against Ndlovu include improper use of municipal funds without Council authorisation, failure to uphold Council policy and the misleading of Council on legal matters – costing the municipality a fortune.
This related to the arbitration award of employees SJ Thusi and DM Luthuli, who were implicated in a forensic investigation relating to the former uMhlathuze Village housing scandal.
The matter is still before the Labour Court and is a subject of a pending review of the Arbitrator’s decision.
According to the union, the senior manager further showed ‘unbecoming conduct’ following a ‘squabble’ with City Chief Communications Officer Vukile Mathabela, who has since been suspended.
Concealed
However, Ndlovu, who has been employed at the municipality for the past nine years, is resolute to ‘fight’ the matter to the end.
Seeking an urgent interdict at the Durban Labour Court this Tuesday, Ndlovu through Hlela Attorneys said Council’s decision was ‘unprocedural and unlawful’.
She said her 46-page response sent to the Municipal Manager, Speaker and Mayor had been ‘concealed’ and was not placed before the Council.
‘It was imperative that Council should be presented with my response to enable it to properly apply its mind in reaching an informed decision,’ said Ndlovu.
In her response, Ndlovu claimed the allegations were prompted by her refusal to ‘bow down’ to political pressure.
‘It is remarkable the complaint follows a threat of having to face the wrath of a political party and axing if I do not make processes against Mathabela go away and reinstate him.
‘The collaboration between the political party and SAMWU comes at a time where I am instructed to abandon the interviews of a Human Resources Manager and make space for Ntokozo Nzuza.
‘He is a prominent leader of SAMWU, who in my view, was completely unsuitable and had not even applied for the position.’
She said Mathabela, who was also a prominent SAMWU member, was the subject of a disciplinary enquiry relating to allegations of fraud in the amount of R89 000 and misrepresentation of his qualifications.
‘The allegations were also prompted by my refusal to turn a blind eye on a staff member, who is clearly not competent for a service delivery position but happens to be the wife of the regional chairperson of the ANC.
‘The decision to suspend me is a foregone conclusion and actuated by ulterior motive – to get rid of me no matter what.’
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