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ELM Council votes to keep CFO suspended

ELM Council has voted to keep the suspension of the controversial and outspoken CFO Andile Dyakala in place pending a resolution of his case in the Johannesburg Labour Court.

The vote was held in committee on Thursday this week, and neither public nor municipal officials were allowed to be present.

ELM spokesperson Makhosonke Sangweni on Friday confirmed the vote outcome against Dyakala.

This followed weeks of behind-the-scenes political drama and political lobbying by the Dyakala camp to not only ANC councillors and Sedibeng ANC party leaders, but also the DA and EFF in Emfuleni and beyond.

Only days before Thursday’s vote, the DA and EFF issued media statements supporting Dyakala’s return to work, questioning whether his continued suspension on two serious disciplinary charges late last year was still valid.

The latest ELM Council vote scuttled any chance that Dyakala could return to work before a finding on the matter by the Johannesburg Labour Court, to which Dyakala’s case was referred for review by earlier Council vote months ago.

Even before Thursday’s vote the Emfuleni Local Municipality (ELM) itself resisted mounting political pressure within the ANC, and the DA and EFF, to allow Dyakala’s return to work but refused categorically to cave in to political pressure.

Dyakala is well connected politically in especially ANC structures in Gauteng and Sedibeng, and exerted pressure on individual councillors and office-bearers of many parties, including members of the ANC-led governing coalition in Emfuleni.

Meanwhile, questions are also being raised in several quarters about why the Labour Court has not yet pronounced on the Dyakala matter – apparently due to a full record of the suspended CFO’s disciplinary proceedings not yet being provided to the Court.

This week, Zola Majavu of Majavu Attorneys strenuously denied the delay was due to his firm not providing ELM with such record of Dyakala’s disciplinary hearing – at which he was found guilty of two charges and given a final warning late last year.

Before Thursday’s vote, ELM spokesperson Makhosonke Sangweni said in a media statement that Dyakala’s precautionary suspension was still in place, only to be uplifted by the Labour Court review or the rescission of an ELM Council resolution on the matter.

Last Friday, Dyakala arrived at ELM Head Office in Vanderbijlpark and tried to place himself back on duty despite no official instruction to return to work, but security officials marched him out again.

This incident has now landed Dyakala in further hot water, according to ELM sources, which could result in further disciplinary charges as he could have written a letter asking to return to work – instead he sent a lawyer’s letter stating categorically he would be returning and then attempted to forcibly place himself on duty.

Dyakala was found guilty on two serious disciplinary charges late last year by an independent disciplinary panel of attorneys (Majavu Attorneys) but ELM Council did not accept the outcome and referred the case to the Johannesburg Labour Court for review.

 

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Elsje Vermeulen

Elsje Vermeulen is the senior editor of MooiVaal Media and editor of the Vaalweekblad. Well-known for her award-winning photography and heartwarming stories, she always has the readers’ best interests at heart. Email: elsje@mooivaal.co.za
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