The incident happened yesterday just after noon when Dyakala arrived at ELM’s Vanderbijlpark Offices in Frikkie Meyer Boulevard to resume his duties despite his suspension not being formally lifted.

Dyakala was – according to a letter sent to ELM Executive Mayor Sipho Radebe dated May 10 by  Ntsoane Attorneys in Pretoria – supposed to have reported for “duty” on May 11 but by alleged mutual agreement only arrived half-way through the working day on Friday May 12 .

However, he was not allowed to start work despite lengthy arguments in the Finance Department.

ELM spokesperson Makhosonke Sangweni confirmed Dyakala – who is suspended on full pay – had arrived but was removed by security.

Sangweni said Dyakala and his delegation were again reminded of the legal position surrounding the issue and that he remained suspended and was not allowed to lift his own suspension – a suspension which was ordered by ELM Council.

The incident happened only a few days after the Commission for Conciliation, Mediation and Arbitration (CCMA) on 9 May formally confirmed in writing in favour of ELM that the CCMA did not have the authority to lift Dyakala’s suspension.

Dyakala had requested the CCMA to lift his suspension.

But according to a CCMA letter in Vaalweekblad’s possession, the CCMA found in a jurisdictional hearing that it did not have the authority to lift Dyakala’s suspension because the suspension and review of his disciplinary case was already before the Johannesburg Labour Court.

“The CCMA lacks jurisdiction due to the principle of Lis Pendens, the same dispute between the same parties with the same outcome, is before the Labour Court under case number JR2059/2022,” was the ruling of CCMA Commissioner Nathalie Willemse in Vereeniging this week.

Dyakala was found guilty late last year of two disciplinary charges but received a final warning and was not fired outright by an independent disciplinary panel of attorneys.

The light sanction for Dyakala caused widespread outrage within the municipality and also within civil society and the business community and ELM Council referred the matter for review by the Johannesburg Labour Court.

Dyakala still faces a defamation civil court action brought against him by his former boss Municipal Manager Lucky Leseane, who left the local authority last year.

The controversial CFO has also had two protection orders issued against him for extreme online threats and abuse – one gained by acting ELM Mayor Khetiwe Ntombela several years ago and another for Klippies Kritzinger, former President of the Golden Triangle Chamber of Commerce (GTCoC).

A Johannesburg Court last week did not grant a protection order sought by Leseane, also for online communication by Dyakala, but who reportedly undertook not to harass or communicate with Leseane.