Councillor’s name cleared
"I'm happy this matter is over and my name is cleared. Now I can move on with my council work without a cloud hanging over my head of people just not trusting me."
Msizo Madonsela, a former Msukaligwa municipal employee, was recently cleared of all charges leveled against him by his previous employer that led to his suspension and dismissal.
On 15 July last year Madonsela was suspended without pay for intimidating a municipal official, a decision his then union, the South African Municipal Workers Union (Samwu), successfully challenged. The matter was then referred to the bargaining council.
On 30 March this year he received a letter of dismissal.
According to Madonsela the charges against him included, among others, selling of municipal land, insubordination, intimidation and instigating service delivery protests that led to the closure of the N17.
Madonsela explained to the Highvelder that during his hearing at the bargaining council, some of the charges were withdrawn without explanation and others due to lack of evidence.
“Every time we sat for the hearing there would be new developments, including witnesses not attending. I was eventually left with the charge of intimidation, but both the complainant and his witness ended up staying away,” said Madonsela.
He also alleged that during the hearing an affidavit surfaced from a community member, alleging that he had sold land. However, when the author of the letter was approached to confirm its validity, he said he had been instructed by municipal officials known to the Highvelder to implicate him, in exchange for him to keep the land he had illegally occupied. The Highvelder, however, could not confirm the allegation.
He said charges kept on falling away until the municipal legal advisor conceded that the charges were fabricated and requested that the matter to be settled through a settlement.
Madonsela said all parties concerned agreed at the bargaining council that he would be compensated.
When Madonsela was asked why anyone would want him out of the municipality, he said it was because he was not scared to speak his mind and standing up for what he believed was right.
When asked how he felt about the decision, Madonsela said he was happy that the matter was finally laid to rest and his name was cleared.
Madonsela, now a Ward 19 councillor in Chrissiesmeer, said it was a bit difficult for him when he was doing door-to-door campaigns before the local government elections when he always had to answer questions about the nature of his dismissal and not everyone believed his explanation.
“I’m happy this matter is over and my name is cleared. Now I can move on with my council work without a cloud hanging over my head of people just not trusting me.”
Msukaligwa municipal spokesman Mr Mandla Zwane was approached for comment on the matter, but he declined, saying the matter was between the employer and employee.
“The settlement expressly states that no party shall disclose the content of the settlement agreement to a third party without the consent of the other party in terms of the confidentiality clause,” explained Mr Zwane in a statement.