Govan Mbeki Municipality terminates MM’s contract
Mr Mndebele's lawyers have instructions to sue the municipality to compensate their client for all the losses he incurred as a result of a breach of contract, including all legal fees incurred by their client. This currently amounts to about R2-million.
Govan Mbeki Municipality again terminated Mr Felani Mndebele’s employment contract after an extended court battle. The council took this decision at a special virtual council meeting held on Friday, July 16.
Mr Mndebele had been placed on precautionary suspension with full pay as recommended by the former 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 the suspension and took GMM to court.
There were also allegations made that Mr Mndebele and his officials failed to deliver services to residents due to negligence, such as daily load-shedding, no removal of refuse and a serious backlog on most of the services that the municipality is supposed to deliver to the people.
Ms Lizzy Shabalala was in the meantime, appointed as the acting municipal manager. The Middelburg High Court ruled that Mr Mndebele had been unlawfully suspended and that the proceedings instituted against him on October 16 last year, were unlawful.
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GMM and its presiding officer (second respondent) were ordered to pay Mr Mndebele’s legal costs but Govan Mbeki Municipality’s leaders decided to appeal the court’s ruling.
The High Court in Middleburg then dismissed GMM’s leave to appeal against Mr Mndebele with costs.
That was, however, not the end of the battle. When Mr Mndebele tried to return to his job, he was again given the boot.
The Govan Mbeki Municipality’s executive mayor, Mr Nlakanipho Zuma, told Ridge Times last month that Mr Mndebele was still suspended pending his case and the municipality was complying with the high court decision to charge him correctly. This means that they charged Mr Mndebele with a 2014 regulation, not the 2010 regulation.
The council then sent Mr Zuma to Mr Mndebele with a settlement proposal to leave the municipality but it was rejected on July 14. Mr Mndebele’s lawyers wrote a letter to Mr Zuma in which he rejected the proposal.
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It was also stated that Mr Mndebele no longer wished to participate in any further settlement negotiations with the municipality and that as far as they are concerned there’s nothing that prevents their client (Mr Mndebele) from returning to work.
They said Mr Mndebele would report for duty on Monday, July 19, and in the event that the municipality prevents or obstructs such an event, the municipality and its officials will be held in contempt of court.
They also have instructions to sue the municipality to compensate their client for all the losses he incurred as a result of a breach of contract, including all legal fees incurred by their client.
This currently amounts to about R2-million. The council still decided during an extraordinary virtual council meeting on July 16 to fire Mr Mndebele. Mr James Masango, DAcouncillor, said this move by the ANC is “thuggery”.
“An employee can only be dismissed through proper procedures which are through the work disciplinary processes, CCMA or a court of law.
“The municipal manager has not been subjected to or found guilty by any of the above. The ANC is recommending starting a process of appointing a new MM without first getting rid of the current mayor through a proper process. Very soon the municipality will be paying two municipal managers, one sitting at
home and another working.”
Mr Masango said the municipality may stop paying Mr Mndebele for now, but the court will order the municipality to pay him all outstanding salaries with interest.
“The ANC is just wasting ratepayers’ money when the municipality is already bankrupt.
“We will keep on supporting the interest of the community and the rule of law,” said Mr Masango.
The EFF said ANC-councillors, specifically the mayor, are jumping to conclusions in the matter of Mr Mndebele.
“How can you fire someone over a soured relationship, the mayor is misleading the council but Mr Mndebele will win again,” saidThabiso Mofokeng EFF-councillor.
A total of 25 ANC-councillors voted in favour of the decision and 15 councillors from opposition parties voted against it.
Some ANC councillors allegedly walked out of the virtual meeting before the decision to sack the suspended municipal manager was taken.
