Labour Court asked to intervene in Bitou suspensions

THE Labour Court, sitting at the Western Cape High Court, has been approached to intervene in the recent precautionary suspensions of Bitou municipal manager Thabo Ndlovu and head of corporate services Vuyokazi Mbelani.

The pair were suspended on December 6 over claims of maladministration and misconduct pending a forensic investigation, which is expected to be completed within 30 days of the precautionary suspension of the two.

The case is expected to be heard on Tuesday.

Mbelani said the suspensions were unlawful but could not comment further, saying the matter was sub judice.

The ANC’s chief whip in the municipality, Sandiso Gcabayi, said it was of concern that Ndlovu and Mbelani were suspended without due process being followed.

“We told them that procedure was not followed. The rules of order were not followed. We have evidence that there are so many flaws here,” said Gcabayi. “The agenda of the special council meeting that we received did not make any reference to the possible suspension of either the municipal manager or the head of corporate services. In fact the agenda did not contain any agenda items for consideration by council.”

He wrote to the office of the Speaker, stating that “in order to enable the council to properly apply its mind and make an informed decision on any matter, all relevant information must be placed before it”.

Gcabayi wrote that the decision to suspend Ndlovu and Mbelani was “unlawful”.

“The notice (for a special council meeting) was very strange because it did not say what (what was on the agenda),” said Mbelani.

He said the allegations against the pair were that Mbelani was racist, wrongfully disclosed privileged information, displayed disrespect towards others in the workplace and without permission possessed “wrongful” information about the municipality.

Bitou municipality Speaker Annelise Olivier said Ndlovu and Mbelani “were not illegally or unlawfully suspended, there is no such thing”.

She referred further comments to DA caucus leader in the municipality Bill Nel.

Nel said: “Obviously when somebody is charged with wrongdoing they will always say it is unlawful. There is an ongoing investigation and until such time that the investigation is complete they will remain suspended. The charges are very serious.”