Govan Mbeki Municipality now has 2 municipal managers in 1 office

SECUNDA – Suspended municipal manager, Mr Felani Mndebele, is back in his office after the Mpumalanga High Court in Middleburg dismissed Govan Mbeki Municipality’s leave to appeal application against him with costs.

According to court papers, acting judge HF Brauckmann, when delivering the judgement, said it is unclear which ruling an appeal should be lodged against.

Rulings or findings are not appealable, but orders are.

He said the Govan Mbeki Municipality already, without authority to do so, served and filed an application for leave to appeal a day before a council resolution to do so, was taken.

According to the court papers, the resolution by the council dated 30 March and application for leave to appeal was served and filed on 29 March.

It also says at no stage did it become apparent that the application was not authorised by the first applicant’s council (municipality), but when the court’s attention was drawn to the fact at the hearing of the application for leave to appeal on 14 May, the resolution was duly served and filed by the first respondent’s attorneys but did not find its way onto the court’s file.

It seems that the applicant’s counsel also did not have it at hand.

The application for leave to appeal was therefore served and filed without proper authorisation by the applicant (municipality) council.

Therefore and for all the above reasons the leave to appeal was refused and the application was dismissed with costs, said High Court acting judge Brauckmann.

Govan Mbeki Municipality appealed the High Court findings that the municipality has unlawfully suspended its municipal manager, Mr Felani Mndebele.

Mr Mndebele was placed on precautionary suspension with full pay as it was recommended by the then Govan Mbeki executive mayor, Ms Thandi Ngxonono, who accused him and his officials of negligence in failing to deliver services to residents.

Mr Mndebele disputed all allegations and said since he was appointed, there had been massive political interference meted out by Ms Ngxonono.

The High Court also found Govan Mbeki Municipality was in breach of the contract of employment entered into with Mr Mndebele.

Opposition parties distanced themselves from that decision.

Mr Mndebele is now back in his office although Mr Mitchel Melato from the Gert Sibande District Municipality is still acting as municipal manager of the municipality.

Mr Melato was appointed as the new acting municipal manager for Govan Mbeki Municipality during a special virtual council meeting that was held on Thursday, 11 March.

It was unclear how long he is going to act in that position. Ridge Times contacted council speaker, Ms Fikile Nyembe, for comment.

She did not want to comment until the council sits to resolve the matter.