City of Mbombela CFO’s legal battles continue

A docket of common assault and intimidation was registered against City of Mbombela (CoM) CFO Delight Sibanyoni at the Nelspruit Police Station on January 24.

This as the CoM’s municipal manager, Wiseman Khumalo, laid some charges against her in which he accused her of forcing her way into her office unceremoniously while she was still on suspension.

The provincial police spokesperson, Brigadier Donald Mdhluli, confirmed the docket against Sibanyoni. “In response to your media enquiry, a case docket was opened and was sent to the Director of Public Prosecutions for a decision. The charges are common assault and intimidation,” he said.

Sibanyoni allegedly arrived at the municipality on January 23 with some men who, according to witnesses, were armed with AK-47s, and forced her way into her office. This publication understands there was a confrontation between the CoM’s security guards and Sibanyoni’s men.

Khumalo called the police, who arrived in large numbers and various units to remove Sibanyoni and her entourage.

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Sibanyoni denied having forced her way into the CoM and claimed it was time, in terms of the law, to return to her office as her suspension had lapsed. “It was not a surprise that I was there on Thursday as it was the second day of me resuming my duties as per the letter that my lawyers sent the CoM on January 17, making them aware that I would be resuming my full duties on January 22. There were no hassles on my first day as I occupied my office,” said Sibanyoni.

“It was only on my second day that the CoM called law enforcement to deny me access. When they failed, they called 100 heavily armed police officers to remove me from my office by telling them lies.”

Sibanyoni said upon hearing her side of the story, a senior officer requested that both parties, she and Khumalo, go to the police station to discuss whatever was necessary to decide if there was a need to charge her or not.

Sibanyoni said the men who accompanied her were her personal body guards whom she had hired after her life was threatened several times.

Meanwhile, this publication has seen a letter signed by Ntiwane Mgijima Attorneys, dated January 17 and addressed to the CoM’s speaker, mayor and the municipal manager, as well as the MEC for co-operative governance and traditional affairs. The letter said in terms of clause 14.3 of the contract of employment between the City of Mbombela and the CFO, a disciplinary hearing must be held within 60 days. “If the employee is suspended as a precautionary measure, the employer must hold a disciplinary hearing within 60 days, provided that the chairperson of the hearing may extend such period, failing which the suspension shall terminate and the employee shall return to full duty,” said the letter.

The CoM first placed Sibanyoni on special leave on July 31 after serving her with 14 charges, among others that she deliberately neglected and failed to pay the municipality’s salary-related third parties timeously, including SARS. “As a result, the municipality suffered financial loss amounting to R2 303 542.89 due to interest and penalties charged by SARS on late payment,” the charge read.

Sibanyoni approached the Labour Court on an urgent basis on August 5, seeking an order declaring the special leave unlawful and for it to be set aside. The court found that the special leave was imposed on Sibanyoni without her consent and was therefore a suspension in disguise. “The resolution by the fourth respondent (Council resolution B (1) of 30 July 2024) granting the applicant special leave is declared unlawful and is set aside,” reads the court order, a copy of which this publication is in possession.

The court then ordered the municipality to reinstate Sibanyoni to her position as the CFO. The municipality, however, put her on suspension to allow for investigations into the allegations of misconduct against her.

Meanwhile, a statement released by the CoM on Facebook: “The City of Mbombela condemns in the strongest terms the unlawful acts of intimidation and forced entry at its premises. The group had instructed employees to vacate their offices. The people who were found were taken in for questioning and will possibly face criminal charges. The CoM wants to assure ratepayers that services will be resumed and all necessary measures are being taken to ensure its employees’ safety,” added the statement.

Joseph Ngala, the CoM’s spokesperson, confirmed that a case was opened against Sibanyoni. “Yes, we await the decision of the Director of Public Prosecutions,” he said.