ELM MM suspension withdrawn
Moerane said that he has reconsidered the implementation of the Council decision regarding Leaseane’s precautionary suspension.
SEDIBENG. – There is more than what meets the eye at the embattled Emfuleni Local Municipality (ELM).
The ELM Executive Mayor, Reverend Gift Moerane, has issued a letter declaring the withdrawal of the suspension of ELM’s Municipal Manager (MM), Lucky Leseane.
Leseane was suspended three weeks ago by the ELM Council members at a Council sitting for apparently issuing an internal memorandum to ELM employees about an annual salary increase without the go ahead of the Council. Many within the municipality deemed the suspension illegal, with no formal procedures followed.
In the letter to Leseane, which Sedibeng Ster in in possession of, Moerane said that he has reconsidered the implementation of the Council decision regarding Leaseane’s precautionary suspension.
“I have also been favoured with the legal opinion advising against the unlawful and irregular decision taken by the municipal council in instructing the Executive Mayor to place you on suspension without following proper due process. The Municipal Council is an organ of state and this status has specific consequences. First and foremost, the Municipal Council must comply with the duties and responsibilities of an organ of state imposed by the Constitution and other laws. The Municipality must therefore at all times act in a manner consistent with the laws governing its administration.”
Moerane further said that in his capacity as ELM’s Executive Mayor he stands in a fiduciary relationship with council.
“I am therefore required in terms of section 53(1), (6) of the Municipal Systems Act on ensure that the municipality complies with the law. In light of the above, I wish to inform you that you are expected to report for duty as per your contract of employment from the 22nd September 2020 and will advise the Council accordingly.”
Speaking to Sedibeng Ster, Moerane’s Spokesperson, Lebo Mofokeng, said that the Executive Mayor is expected tosubmit a report to Council on the legalities surrounding the MM suspension.
“The Executive Mayor has consulted with the Municipal Manager, Mr. Lucky Leseane on the above and the MM opted to give the Executive Mayor and Council time as resolved by the Council meeting of the 23 September 2020.
“A formal communique will be issued when all regulatory processes have been exhausted.”
