Suspension leaves aggrieved employees uncertain about future

J.B. Marks Local Municipality officials claim they’ve been unfairly suspended and voice concerns about the wasteful expenditure of the council’s funds.

A former employee of the municipality, Floyd Makhene, is one of the officials who claim they have been unfairly suspended from their duties. Makhene was suspended on five charges in June 2018. One of them was for “using rude, abusive, insolent, provocative, intimidatory or aggressive behaviour or words to fellow employees”. The matter was taken to the Potchefstroom Magistrates’ Court, but the court ruled in favour of Makhene and he was found not guilty. While Makhene pleaded not guilty to all five charges, one of them was also withdrawn.

He believes he was suspended because he had voiced his concerns on internal matters. Makhene says he spoke out against alleged corruption and claims that people were occupying certain positions without meeting the minimum requirements. He also objected to people from outside the municipal jurisdiction allegedly being hired through contracts before being permanently employed. He noted that there were many local youths without jobs.

Makhene had been suspended for about seven months before receiving his charge sheet on 6 February 2019. According to clause 16.4 of the South African Local Government Bargaining Council’s Disciplinary Procedure Collective Agreement (DPCA), an employee’s suspension should not exceed three months. He appeared at a disciplinary hearing for the first time on 13 March 2019.

According to a document, the hearing was postponed twice – for non-compliance with the disciplinary code and for the employer to prepare formal points.

Makhene was dismissed in December 2019.

He says the municipal manager (MM) had signed off the documentation, yet the municipality had been placed under administration, from May 2019. As stated in Chapter 6 of 1996, Section 139 (b) of the South African Constitution, the responsibilities, duties and powers (of the MM, in this case) are to be transferred to the administrator when the provincial government places a local government under administration.

Following Makhene’s dismissal, he received a letter from the local municipality, barring him from entering the Dan Tloome building. On 30 September, the security officials denied him access to the main building. According to Makhene, they never provided the official court interdict. He says he could enter the building on some days before then but not on others.

Makhene was not the only employee whose suspension exceeded three months. One of the employees was receiving his salary monthly while he was at home for almost eight months. The relevant officials confirmed this to the Herald but wished to remain anonymous. They said the situation had negatively impacted their lives and caused much uncertainty about their employment and future.

The officials suspect the municipality is selective with their suspensions as one of the officials was suspended for allegedly bringing J.B. Marks into disrepute. This followed a protest about overtime payments. The official was not the only employee to protest, but the only one suspended. It caused him and his family a lot of frustration and has had an emotional impact. When the Herald spoke to him, the municipality had still not communicated with him in connection with his suspension.

The aggrieved officials believe the council’s resources are being wasted as they have been receiving their monthly salaries but cannot render their services to the community. Meanwhile, they are still waiting to hear when they will appear for their disciplinary hearings.

William Maphosa, the municipal spokesperson, acknowledged the allegations, but declined to comment at this stage, saying the internal disciplinary process is continuing, following an appeal by the complainant. The local municipality was placed under administration in May 2019 but challenged the decision in court. “[It] hasn’t been resolved yet. The municipality lost the court interdict on an urgent basis, but the merits of the case have not been ventilated,” said Maphosa. He says the municipality was officially placed under administration on 17 August 2020.