A two-year legal wrangle regarding whether eThekwini metro police head Steve Middleton is the best man for the job has gone in the 62-year-old's favour.
On Wednesday, labour court judge Benita Whitcher set aside KwaZulu-Natal Bargaining Council commissioner Charles Oakes' December 2020 ruling that Middleton, who has a degree in military science, was unqualified for the position.
Whitcher dismissed claims of unfair labour practices, essentially cementing the stance that Middleton is the best qualified for the position.
Middleton's appointment was the subject of scrutiny when a forensic audit report into metro police mismanagement and wasteful expenditure, commissioned by the city and dated November 2020, put forward allegations, canvassed from employees, that Middleton did not meet requirements for the job.
This investigation found proper procedure was followed in his appointment, but that the appointment of his deputy, Sbonelo Mchunu, could be deemed unfair because Middleton was listed as a reference on Mchunu’s CV and this should have been disclosed to the interview panel.
Middleton and Mchunu’s appointments were approved by former eThekwini city manager Sipho Nzuza, who left his job under a cloud last year. He was among several accused in a multimillion-rand tender fraud case involving former mayor Zandile Gumede.
This was contrary to Oakes' finding, however. He found that two other applicants, long-serving metro police members Aubrey Mthethwa and Nhlanhla Mthethwa (not related), were better qualified for the position with their respective degrees in policing and law.
Durban metro top cop wins labour court dispute regarding appointment
Two-year battle over for Steve Middleton concerning his 2017 appointment
Image: KZN Department of Transport
A two-year legal wrangle regarding whether eThekwini metro police head Steve Middleton is the best man for the job has gone in the 62-year-old's favour.
On Wednesday, labour court judge Benita Whitcher set aside KwaZulu-Natal Bargaining Council commissioner Charles Oakes' December 2020 ruling that Middleton, who has a degree in military science, was unqualified for the position.
Whitcher dismissed claims of unfair labour practices, essentially cementing the stance that Middleton is the best qualified for the position.
Middleton's appointment was the subject of scrutiny when a forensic audit report into metro police mismanagement and wasteful expenditure, commissioned by the city and dated November 2020, put forward allegations, canvassed from employees, that Middleton did not meet requirements for the job.
This investigation found proper procedure was followed in his appointment, but that the appointment of his deputy, Sbonelo Mchunu, could be deemed unfair because Middleton was listed as a reference on Mchunu’s CV and this should have been disclosed to the interview panel.
Middleton and Mchunu’s appointments were approved by former eThekwini city manager Sipho Nzuza, who left his job under a cloud last year. He was among several accused in a multimillion-rand tender fraud case involving former mayor Zandile Gumede.
This was contrary to Oakes' finding, however. He found that two other applicants, long-serving metro police members Aubrey Mthethwa and Nhlanhla Mthethwa (not related), were better qualified for the position with their respective degrees in policing and law.
LISTEN | 'We were stretched that week but there were no plans to react effectively'
Oakes ordered the municipality to promote the officers to the same R1.5m-a-year salary grade as Middleton and made a back-pay award in favour of three other candidates who were shortlisted for the top job.
The essential requirements for the post are a relevant bachelor's degree and seven years' relevant experience at management level, two of which must have been at senior management level.
According to the court judgment, of 237 applications, six candidates were shortlisted, among them Middleton, the Mthethwas and Mchunu.
Middleton scored the highest in interview questions, with 20 out of 25, followed by Mchunu at 14, Nhlanhla Mthethwa at 13 and Aubrey Mthethwa at 10.
Middleton also scored the highest in the occupational assessment, at 9.15, followed by Aubrey Mthethwa at 8.4 and Nhlanhla Mthethwa at 8.35.
The interview panel ranked Middleton the most suitable candidate, with Mchunu second, Nhlanhla Mthethwa third and Aubrey Mthethwa fourth.
Middleton could not be reached for comment.
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
READ MORE:
Former Jozini municipal manager accused of R5m fraud and corruption
EDITORIAL | Government must act a lot more decisively to stop illegal mining
Seven EMPD officers arrested for 'murder, defeating the ends of justice'
‘Blacklisted’ company knocks the lights out of eThekwini with R30m asset seizure
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Most read
Latest Videos