Suspended municipal manager for Madibeng local municipality in Brits Quite Kgatla is refusing to leave and take his suspension quietly and intends to approach the courts to declare the suspension unlawful.
Kgatla, who has been municipal manager for just three months, was placed on precautionary suspension along with the mayor, Douglas Maimane, after a marathon council meeting on Thursday.
His lawyer Matome Stanley Kgatla said they would approach the labour court on an urgent basis to declare his suspension unlawful.
“We are preparing the papers which we [are] hoping to send out today for an urgent application at the labour court,” he told TimesLIVE Premium.
Kgatla, who was appointed as the municipal manager in December last year, is facing allegations of misconduct and irregular procurement processes — including allegedly orchestrating R25m being withdrawn from the Municipal Infrastructure Grant.
The Sunday Times reported that it has learnt that Kgatla was facing further allegations of misconduct for appointing a contractor without following supply chain management processes.
In February, the municipal council resolved to halt the possible suspension of Kgatla.
In his reply to the allegations contained in a report that was tabled for deliberation during the February council meeting, Kgatla said the council was interfering with the administration.
He said this was done through unauthorised access to administrative information other than through submissions in council through reports on legislated time frames.
He said the interference “appears true, because how else can councillors obtain records and information from the municipal offices other than through submissions of reports in council?
“Furthermore, the accounting officer requests council to refrain from interfering with administration work as this will make it difficult for the accounting officer to discharge his responsibilities as expected,” he said in the report.
At the time, Madibeng municipal spokesperson Tumelo Tshabalala confirmed the municipal manager had made a written submission to the council as per the resolution of the Special Council Sitting of February 10.
In a letter sent to the special council meeting on Monday, which this publication has seen, his lawyers are demanding the immediate upliftment of his suspension, failing which they say they will approach the labour court on an urgent basis for relief
Tshabalala said at the time that the council resolved that the matter be referred to the disciplinary board for further scrutiny and a report be submitted to the council within 30 days without suspension of the municipal manager.
During an ordinary council meeting on March 27 the council resolved to put Kgatla on precautionary suspension on the recommendations of the disciplinary board.
In a letter sent to the special council meeting on Monday, which this publication has seen, his lawyers are demanding the immediate upliftment of his suspension, failing which they say they will approach the labour court on an urgent basis for relief.
The lawyers stated in the letter that the allegations against Kgatla are baseless and exaggerated, and there is no evidence of financial misconduct to be answered by their clients.
It further stated that given the sequence of events, it is clear the suspension of the their client is not authorised by any council resolution.
“Even if it would have been authorised, the suspension trumps the provisions of regulations 6 of local government: Municipal Systems Act.”
The lawyer demanded the suspension be lifted and he be allowed to resume his duties.
Tshabalala said the municipality received a letter from attorneys representing Kgatla which was presented during the Special Council Sitting of March 31.
“After after the necessary processes, a report relating to the matter was tabled before council and a resolution was taken [by council] that in the event the municipal manager takes the matter to court, the acting executive and the acting municipal manager be empowered to defend accordingly,” he said.
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