Daily Dispatch

Suspended boss demands R2m from ECDC

- By BONGANI FUZILE

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. —

 ?? Picture: SINO MAJANGAZA ?? AGGRIEVED: Advocate Dali Mbelani is fighting his suspension with the Eastern Cape Developmen­t Corporatio­n
Picture: SINO MAJANGAZA AGGRIEVED: Advocate Dali Mbelani is fighting his suspension with the Eastern Cape Developmen­t Corporatio­n

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