Also read the article Lesedi municipal workers picket outside municipality.
Un-roadworthy vehicles:
Management notes that the municipality has an ageing fleet of vehicles;
The condition of the vehicle has also deteriorated largely due to misuse by staff;
Due to budgetary constraints, only five vehicles were procured in the current financial year. Four of these were allocated to the technical services and one for the library; These vehicles will be made available to the respective departments as soon as the administrative matters relating to the acquisitions have been settled;
In respect of the allegedly missing vehicles from Ekurhuleni, management is not aware of any such vehicles and the exact details of these vehicles, and the circumstances under which the vehicles allegedly went missing is requested from the union;
1.2. Missing vehicles from Ekurhuleni
- Provision of tools of trade and protective clothing:
The municipality does make tools of trade and protective clothing available to staff and in accordance with their needs as per the inherent requirements of their jobs;
The procurement processes are currently underway to address the matter and same will be resolved in due course;
- The alleged victimisation of Mr. Paul Mpele by council
Matters relating to the appointment and / or dismissal of the municipal manager are regulated by the Act and Regulations. Management cannot entertain this matter as it does not fall within the powers and scope of administration. The Executive Mayor and council are by law empowered to deal with this matter and management cannot respond or intervene in the matter.
- Acting personnel in senior management positions
The positions that are vacant currently in the municipality are the following:
4.1. Municipal Manager:
4.4.1. Reasons for the vacancy
This post became vacant when Mr. Paul Mpele was directed to resume his previous position as CFO.
4.4.2. Action taken
The dispute between Mr Mpele and council is currently at arbitration and the post cannot be filled as the matter is sub judice pending the outcome of the arbitration process;
4.2. CFO
The position of CFO is officially held by Mr Mpele. The considerations in paragraph 4.1. above apply.
4.3. Directors: Technical & Community Services respectively
4.3.1. Reasons for the vacancies
The contracts for these two positions expired in June 2018, and the positions had to be filled by acting personnel pending the appointment of new incumbents.
4.3.2. Action taken
The matters were presented to council;
Both positions have been advertised;
Shortlisting of candidates has been completed;
Interviews are due to be conducted in due course;
Management hopes to finalise these processes as a matter of urgency and to have duly appointed incumbents in these posts to bring stability in senior management.
- Alleged inconsistency in the appointment of acting senior managers
Management does not have any information regarding this allegation. The union is accordingly requested to furnish exact details of the alleged inconsistency in order for the matter to be addressed accordingly.
- Alleged silent wholesale selling of municipal land
Management does not have any information regarding this allegation. The union is accordingly requested to furnish exact details of the alleged inconsistency in order for the matter to be addressed accordingly.
- Alleged sitting of MMC Moremi in the supply chain bid committee
MMC Moremi is a councillor of this municipality. Management cannot, by law, entertain a complaint against a councillor because they have no powers to do so. Should the union wish to pursue this allegation, then the appropriate structures of council must be approached by the union.
- Alleged employment of the pensioner
Management does not have details on this allegation and cannot respond. It may well be noted that the municipality, while seeking to fill the vacant posts, needs to ensure that a fair process, free of unfair discrimination and compliant with the constitution and the legislation is followed. While being sensitive to the issues of youth unemployment the municipality is, by law, entitled to employ any person between the ages of 18-65 years. Age is not the sole and exclusive factor to be considered when making appointments. Any exclusion of a job applicant based solely on age would violate the constitution and labour relations legislation, as it would constitute unfair discrimination.
- Alleged interference by Councillors
Management does not have any powers to investigate the conduct of any councillors. Furthermore no details of the alleged interference are furnished by the union. Union is advised to refer the matter to the appropriate structures of council.
- Employees allegedly working outside their scope of work
Details have not been furnished in this matter. The process of reviewing the municipal structure is currently underway and management hopes that it process will be concluded soon. These matters can then be addressed, upon details being furnished by the union once the review process is concluded.
- Alleged exclusion of labour and constant political interference with the review process for the organisational structure
This allegation is without merit as the following factors must be considered:
The organisational structure is a structure of council which is entrusted to the accounting officer (MM) in terms of the Municipal Systems Act. It follows that councillors have an interest in matters involving the organisational structure;
The review process led by the accounting officer as prescribed in the Municipal Systems Act, needs to follow certain channels and processes that include consultation with other structures within council. One of the structures to be consulted is organised labour as they also have a vested interest in matters affecting employees who are their members. It follows that certain stages must be completed before organised labour is consulted.
The stage for consulting organised labour comes immediately prior to the presentation of the proposed structure to the Mayoral Committee and to Council for approval. Once that stage is reached, the union is assured that organised labour will be consulted.
Management is further aware that failure to consult with labour during the review process would render the structure non-compliant and labour will therefore be consulted accordingly.
- Money generated from the trust
The allocation of monies emanating from the trust at Heidelberg Mall is regulated by the founding documents of the trust, being the trust deed. This process is being handled by an independent law and management is not privy to that information and as such cannot respond on this matter.
- Alleged intimidation of picketing members by the Speaker
Management does not have the power to intervene on a matter that involves alleged misconduct on the part of a councillor and as such management will not respond.
- Appointment of EPWP workers for more than 5years
The matter raised here have been noted. In order to ensure that these matters are resolved in a fair and equitable manner, the matter shall be addressed as soon as the review of the organisational structure has been concluded.
- Alleged settlement of cases in the boardroom
Management requests that exact details of the cases that were allegedly settled in the boardroom be furnished as we are not aware of any such cases.
Management’s response to the demands made by SAMWU
An investigation of the allegedly missing vehicles cannot be conducted unless management is furnished with exact details in of the matter;
The issues raised regarding PPE and other safety tools are receiving attention, taking into account budgetary constraints within the municipality;
The skills Audit is currently underway and all employees will be subjected to the audit. The outcomes of the audit will be made available to all relevant stakeholders including labour, upon conclusion of the process. The exact date of completion is not yet certain and management cannot commit to present the findings on the date stipulated by SAMWU;
The matters relating to EPWP will be addressed upon conclusion of the review process of the organisational structure;
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