Mhlontlo’s court showdown

Municipality square off with ex-boss

MHLONTLO municipality has petitioned the Supreme Court of Appeal in a bid to avoid paying and allowing a dismissed manager back to work.

Themba Spampoel, former Mhlontlo municipality deputy manager of supply chain, was dismissed by the municipality after allegedly failing to return municipal property while on suspension.

After his dismissal Spampoel took the matter to the South African Local Government Bargaining Council (SALGBC) which later found the dismissal to be unlawful.

The bargaining council ordered that Spampoel be reinstated to his position as deputy manager. Soon after the order, Spampoel tried to return to work but was allegedly stopped by the municipality’s corporate services manager saying the municipality will not reinstate him but will take the matter to the labour court for review.

After six weeks of not getting anything from the municipality, Spampoel approached the Mthatha High Court for recourse.

All this time, he was not getting his salary.

Spampoel approached the courts of law and won. In March this year the High Court ordered that Spampoel must within 10 days of the order being granted resume his duties at the municipality and that the municipality pay him all salaries and benefits due to him as from April last year.

The municipality owes Spampoel more than half a million in benefits and salaries.

After the order was granted in Spampoel’s favour, Mhlontlo decided to apply for leave to appeal the court’s ruling. The application for leave to appeal was dismissed on June 11 this year.

Spampoel’s attorneys then wrote to the municipality informing them that their client would resume his duties from June 24.

It was then that the municipality wrote back to Spampoel’s lawyers stating their intention to petition the SCA.

The Dispatch has seen a copy of the municipality’s notice of application for special leave to appeal to the SCA dated June 15 this year.

Spampoel’s legal representative Mvuzo Notyesi said the municipality was just delaying justice. “This is a war that is not legally based – it is about a particular person in the municipality who is flexing his muscles denying justice to my client.”

Mhlontlo spokesman Sisa Mpehle said the municipality was not in a position to respond as the matter was still in court.

When phoned yesterday Spampoel said the whole situation was frustrating to him. — abongilem-