Organised business has urged Emfuleni Local Municipality (ELM) Council to refer the findings of the disciplinary hearing against CFO Andile Dyakala to the Labour Court for review after he was found guilty of misconduct and bringing the municipality into disrepute, but escaped firing with a final warning.
Expressing outrage and disgust against “unduly lenient” findings, the Golden Triangle Chamber of Commerce (GTCoC) President Klippies Kritzinger said dismissal was the only appropriate sanction for the huge damage done to business and service delivery over a long period by Dyakala.
Kritzinger was reacting to documents reportedly on social media, allegedly posted by Dyakala faction supporters celebrating what they believed was his imminent return to duty.
ELM has not formally commented on the matter yet.
ELM Council must now consider the findings at a special council meeting still to be arranged and Kritzinger urged members regardless of political affiliation to show commitment to consequence management for officials by sending the matter for review by the Labour Court.
Dyakala is not yet back at work after precautionary suspension months ago, said ELM sources.
“The context within which we believe the disciplinary hearings should have been conducted are the immeasurable past and ongoing damage and losses that ELM and individuals suffered as a result of Dyakala’s intimidation, record of incompetence and non-payment of business service providers .
“Dyakala has also done ELM immense harm with arbitrary decisions taken such as ending the first smart meter contract
which cost the municipality billions, and his vindictive behaviour towards many within and outside the municipality has
destroyed service delivery,” said Kritzinger.
Instead of dismissal, Dyakala was ordered to make an unconditional apology to members of a municipal Whatsapp group at which he had aimed “vitriol”in a so-called “lapse of diplomacy” – and also send a formal letter of apology to ELM HR for his personnel file.
Dyakala was also issued a final warning but was not sanctioned by dismissal due to being a first offender.
He also reportedly volunteered to go for counselling on anger management issues, which the Presiding Officer of the disciplinary proceedings also accepted.
The findings against Dyakala were based on two sets of charges, one group of allegations on his irregular appointment
of almost 40 high-paying political advisory or support jobs at ELM, and the other on his personal conduct.
The Presiding Officer of the disciplinary hearing, Advocate Majavu, found that the relationship between Dyakala and his employer had not irretrievably broken down despite his misconduct.
The finding was made by Advocate Zola Majavu, from an independent firm of attorneys, despite his alluding to a bitter factional and political power struggle within ELM at both political and administrative levels.
“Catastrophic lack of judgement and grossly offensive and intimidatory personal behaviour by a highly paid, very senior and supposedly professional official are not serious – that’s the message of these proceedings.
“ELM council must reject the laughable mild sanctions recommended and make clear it is committed to far higher standards by all municipal officials,” said Kritzinger.