Suspended city boss in battle to get job back
● City hires top advocate Mpofu to oppose Mettler
Axed city boss Johann Mettler’s feelings of self-worth have been compromised by his suspension and he wants his job back – as soon as possible.
But stepping back into office is not going to be that easy, with the Nelson Mandela Bay municipality jetting in top advocate Dali Mpofu SC to oppose the matter before the Port Elizabeth Labour Court.
Mpofu is not convinced that feeling worthless is enough of a reason for a matter to be given preference on the court roll, particularly given that Mettler is still receiving his salary. Judgment was reserved. Mettler claims his suspension, as well as the makeup of the board that will handle his disciplinary hearing, is unlawful and that his suspension should accordingly be set aside.
“His integrity and reputation have been sullied and he is suffering prejudice to his career advancement and fulfilment,” advocate Mark Euijen SC argued.
Mettler’s troubles began in May, when mayor Mongameli Bobani – at the time an ordinary councillor – accused him of misconduct.
He received notice of his precautionary suspension on September 28, pending the outcome of a disciplinary hearing.
Now Mpofu wants to know why it took a whole 62 days after Mettler’s suspension –
‘His integrity and reputation have been sullied and he is suffering prejudice to his career advancement and fulfilment’ Mark Euijen SC
ADVOCATE
and 81 days after the municipality contemplated suspending him – to launch the application on an urgent basis.
“It is plain from the inordinate time [Mettler] took to launch this application that it is by no means urgent.
“The applicant has launched this application on a so-called semi-urgent basis in order to jump the queue and have this matter enrolled on a preferential date,” Mpofu said.
He said Mettler had been placed on suspension with full pay and therefore whatever prejudice he may suffer was largely ameliorated by his continued remuneration.
Mettler, however, believes he is being robbed of a fair disciplinary process because Bobani chose the delegate to probe his case.
He alleged in his founding affidavit that lawyer Pumeza Bono would not chair his hearing fairly because her firm was under investigation after he initiated the probe.
Furthermore, Euijen argued that the reason initially given for the suspension – that he may interfere with potential witnesses, who happen to be his subordinates – was unfair.
Addressing the time it took to bring the matter before court, Euijen said: “It would have been premature to bring the application during September 2018, since the formal decision to suspend the applicant was only conveyed to him on September 28 2018.
“Moreover, the notification stated that the suspension was ‘pending the finalisation of a disciplinary investigation and any disciplinary action that may stem from there, if any. The investigation into the allegations of misconduct will be completed within 30 days from today’.”
Mettler was only advised on November 8 that council had resolved that his suspension be extended. Thereafter, the application was prepared in little over two weeks, “which given the nature of the issues . . . is submitted to be reasonable,” Euijen said.