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Quiet Kgatla was put on precautionary suspension on allegations of financial misconduct.
Picture: iStock
The Madibeng local municipality in the North West has lodged an appeal to the high court ruling that ordered the formerly suspended municipal manager Quiet Kgatla should return to work.
Kgatla challenged his suspension and the High Court in Pretoria ruled that the suspension had expired and that Kgatla should return to duty.
The court recently ruled Kgatla’s precautionary suspension had lapsed in terms of the disciplinary regulations for senior managers.
The court ruled that the municipality, along with the council speaker, the acting municipal manager and the mayor, must immediately allow Kgatla to resume his duties as a municipal manager.
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Kgatla was put on precautionary suspension on allegations of financial misconduct after he appointed a contractor to undertake a housing building project without following the procedures this year.
The court restrained the council from continuing with disciplinary proceedings on 27 June.
The court also ordered the matter should not be discussed at the council meeting on 24 June, and instructed that all four respondents to pay the costs of the application.
Madibeng municipality appeal
In appeal papers, the municipality’s legal team said the judge who granted the interdict in Kgatla’ favour erred in deciding an urgent application without having considered the question of urgency at all and without having allowed the parties to argue the question of urgency.
They said the court erred in relying on an incorrect statement contained in the letter of 28 March, which made a reference to a suspension that occurred on 20 February.
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The objective facts were against this, making it not a reasonable conclusion for a court to make.
The lawyers said the court erred in entertaining the urgent application on extreme curtailed time periods, which caused recorded prejudice to the municipality, the council speaker and acting municipal manager, who were the first to third respondents respectively.
“There was no time to properly prepare and counsel for the respondents was not allowed sufficient time to argue the case. This caused procedural injustice and prejudice,” the lawyers said.
Procurement irregularities
Early this year, Kgatla was accused of irregularly appointing a contractor for a R11 million electrification of Damonsville in Brits.
It’s alleged that Kgatla appointed the supplier as an emergency measure without following the tender processes, including obtaining the mayor’s permission before doing so.
At the time Kgatla denied any wrongdoing, saying the whistle-blower had insufficient information and documentary proof.
He said he had to act in an emergency to appoint a new contractor after Damonsville residents embarked on a violent protest on 29 January, demanding the promised electrification.
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