‘I was forced to quit’
Msengana-Ndlela tells court of death threats and how she was bullied
‘ I wanted to discuss this further with the MEC but he was not able to assist. I would not have resigned otherwise
FORMER city manager Lindiwe Msengana-Ndlela yesterday said she intended to make a difference in Nelson Mandela Bay in terms of service delivery and economic development – but her hands were tied due to bullying tactics after she was threatened by her political bosses to such an extent that she feared for her life.
This emerged at the Port Elizabeth High Court yesterday where the trial between Msengana-Ndlela and the municipality finally kicked off after being delayed for nearly a week.
Msengana-Ndlela, now employed as an advisor in the office of Science and Technology minister Naledi Pandor, was the only witness called yesterday.
She remained calm and composed while in the witness stand and cited continued political interference by mayor Ben Fihla and his deputy, Chippa Ngcolomba, as the only reason she had resigned from her post.
“I was placed under considerable danger, one could only imagine what could have happened. I wanted to discuss this further with the MEC (former Local Government MEC Mlibo Qoboshiyane) but he was not able to assist. I would not have resigned otherwise,” she said.
She told the court her duties as city manager had been hindered by political pressure, interference and alleged threats of violence to such an extent that she was forced to resign on July 31 2013, only five months into her contract.
“The executive mayor said that if I did not comply with majority rule then, from what I gathered, I would be on the receiving end of violence and even death, and he made examples of when this had happened before.”
She also told the court how Fihla had instructed her to appoint 16 MK Veterans’ Association members as close protec- tion officers without even considering human resources policies and municipal budget availability.
“There are certain set policies and this must be provided for in the organisational structure. It is simply unheard of when you have a political principal telling an administrator to disregard all policies and then also issue threats.”
She said one MKVA member had approached her while she was leaving work to ask why she had not appointed them when Fihla had already approved the appointment.
She said in a grievance letter to Qoboshiyane she also cited there was interference regarding the controversial Lumen contract and the recruitment and appointment of senior managers and staff in her office.
“This [the appointments] had been approved by council but when it came to appointing staff in my very own office I was hindered to do so.”
She said despite sending two letters of demand to the municipality, she had received no response, forcing her to take legal action.
“I [have] always wanted to settle this amicably,” she said.
Msengana-Ndlela’s legal team, comprising Advocate Albert Beyleveld SC, instructed by Cecil Beyleveld Attorneys, made an application to amend the total she is claiming from the municipality.
According to court papers Msengana-Ndlela initially planned to sue the municipality for R8.624-million – the amount which she would have received had she completed her contract between March 2013 and March 2018.
However Beyleveld said because she has been employed since October 2013 they had amended the total to approximately R2.9-million, excluding fringe benefits and performance bonuses she would have received.
The municipality, represented by Advocate Mzamo No-batana who is being instructed by Lulama Prince and Associates, did not call any witnesses.
Judge Dayalin Chetty reserved his judgement, which he is expected to deliver next week.
Afterwards Msengana-Ndlela told the Weekend Post that she had aimed to make a difference in Nelson Mandela Bay.
“It is important that we improve service delivery and economic development in this metro. I really wanted to do just that. I want to thank citizens for their support,” she said.
Attempts to obtain comment from Fihla yesterday were unsuccessful. Ngcolomba said he was unable to comment on Msengana-Ndlela’s allegations as the matter was sub judice. Have your say Text your opinion to 32972. R1 per SMS. Errors billed.