Council power fight rages on

Plans to appeal high court ruling to reinstate suspended municipal manager

THE Mthatha High Court has set aside Mnquma municipal manager Sindile Tantsi’s suspension and declared it unlawful and unconstitutional.

Judge Justice Brooks ruled in Tantsi’s favour on Thursday, paving the way for his return to work.

However, the municipality said it would appeal the decision to reinstate the administrator.

The latest episode in the ongoing power struggle is a welcome development for Tantsi, who has been fighting his suspension since September.

Brooks also nullified the appointment of local government business consultants and advisors Patel & Associates.

The company was hired by the council to investigate Tantsi’s conduct.

Brooks found the municipal manager’s suspension “unlawful, unconstitutional and in breach of the contractual agreement” between Tantsi and the municipality and set it aside. He also instructed the municipality to pay the costs of the case.

“The applicant is hereby allowed, permitted and directed to discharge the functions of the municipal manager of the respondent unreservedly in accordance with the terms of contract and applicable legislation until his contract is lawfully terminated,” the judge ordered.

“The respondent and/or any official of the respondent, acting at the instance of the respondent or otherwise, be interdicted from in any manner whatsoever, unlawfully taking steps, the effect of which would be to denude the applicant of the authority, power and status which the position of the municipal manager of the respondent confers on him.”

In an interview yesterday, Tantsi said he had always known the courts would clear him. The administrator, whose four-year contract ends in September next year, said he had been vindicated and was eager to get back to work, and that immediately after Brooks ruled in his favour, he went to his office.

“I’ve always believed that I’m innocent, but because I respect the law I decided to let the courts decide,” he said. “I’m quite elated about the ruling.”

Asked when he would return to work, Tantsi said: “I am at work as we speak. I came back to work on December 15 and called a management meeting.”

Zonwabele Plata, appointed by council as acting municipal manager, excused himself from the meeting, Tantsi said.

Mayor Thobeka Bikitsha said she was puzzled that the court had ruled in Tantsi’s favour as the decision to suspend him was taken at a council meeting that sat constitutionally. “We are appealing this decision. The status quo will remain so he will have to wait for the appeal. We are disappointed by the decision to nullify a council decision – a decision that was taken by a council that had a quorum.

“But I have not seen the judgment so I am yet to apply my mind to it,” she said, adding that the instability in the troubled municipality was affecting service delivery.

It remains to be seen how the municipality will now handle the matter if both Plata and Tantsi report for duty when it reopens in January.

Former council speaker Nomnikelo Magadla and Tantsi are also challenging Plata’s appointment in court. The matter will be back in court on March 17.

Tantsi and Bikitsha have been at loggerheads since after the August municipal elections. Allegations that led to his suspension included that he had locked Bikitsha and speaker Zibuthe Mnqwazi out of their offices.

The instability has also divided employees, with some siding with Tantsi while others support the political bosses. —