Suspended boss demands R2m from ECDC
SUSPENDED Eastern Cape Development Corporation (ECDC) secretary Dali Mbelani is demanding more than R2-million from the parastatal for damages suffered.
Mbelani was suspended by the ECDC in December 2014 on full pay, but salary payouts stopped in November 2015 after the ECDC claimed he had been on sick leave, which had been exhausted.
His salary was not paid for three months – November and December 2015 and January 2016 – which he argued was a breach of contract.
The amount for the three months came to R171 044.50, which is included in the R2-million claim.
While on suspension, Mbelani fell ill and was assessed by doctors appointed by the ECDC.
He was later referred for psychiatric treatment during which time his eldest daughter died, leaving him and his family stressed.
Mbelani was initially suspended for allegedly obstructing a task team reviewing his department when the spotlight turned towards the ECDC over R22-million paid to service providers in the Nelson Mandela funeral funds scandal.
The ECDC board said Mbelani had committed, among other charges, serious misconduct relating to gross insubordination “in respect of your persistent refusal and or failure to fully cooperate with the review of the functions of the company secretariat which the board had commissioned”.
The institution’s board placed him on a paid precautionary suspension pending the finalisation of an internal investigation, which Mbelani later referred to the Commission for Conciliation, Mediation and Arbitration.
Mbelani is now demanding that the ECDC pay him for damages.
The cause of action was founded on the alleged breach of the contract by the ECDC in terms of remunerating Mbelani for three months and failing to comply with the “30 days suspension period as stipulated in the contract of employment”.
The matter was heard in the East London High Court by Judge John Smith on December 6 last year.
A decision was delivered on January 24 in which Smith gave Mbelani 15 days to amend the particulars of his claims. The matter is due back in court soon.
Mbelani told Dispatch yesterday that he was yet to receive a verdict of his suspension.
“Today I am sitting at home. I am in arrears on my medical bills and school fees. I still have to settle the R47 000 Labour Court case which was struck off after they paid half of my salary in 2015. This is stressful, looking at the situation that I didn’t do anything wrong,” he said.
Responding to Dispatch questions, ECDC spokeswoman, Ikhona Mvaphantsi said the parastatal was defending the action by Mbelani.
“We’ve received advocate Mbelani’s summons in respect of the alleged claim and ECDC is defending the action,” said Mvaphantsi.
She said the disciplinary proceedings against Mbelani have been finalised.
“The proceedings have been concluded, we are expecting a decision from the chairperson of the disciplinary committee anytime,” she said. —