Mayor de­fends R336 413 pay­out

Daily News - - NEWS - JA­SON FELIX

CAPE Town Mayor Pa­tri­cia de Lille is be­ing blamed for the set­tle­ment awarded to a dis­grun­tled em­ployee – over­looked for a top metro polic­ing job – be­cause she ig­nored ad­vice from her top of­fi­cials.

Doc­u­ments leaked to the Cape Ar­gus show that in spite of rec­om­men­da­tions by the City’s le­gal ad­viser, an ex­ec­u­tive di­rec­tor and then City man­ager, Ach­mat Ebrahim, to chal­lenge the Bar­gain­ing Coun­cil’s rul­ing that an em­ployee An­na­lene Marais be com­pen­sated R336 413 for not get­ting the job, De Lille over­ruled their ad­vice.

But De Lille has re­futed this, say­ing she opted to set­tle be­cause the City didn’t fol­low their own proper pro­ce­dures.

Her spokesper­son Zara Ni­chol­son said: “The bar­gain­ing coun­cil awarded against the City. The mayor duly con­sid­ered the re­quest and took a de­ci­sion not to take fur­ther ac­tion as only one can­di­date was short­listed for the po­si­tion which was not in line with the city’s pol­icy.

“The bar­gain­ing coun­cil com­mis­sioner also noted in the rul­ing that the ap­pli­cant should have been af­forded an op­por­tu­nity to com­pete for the po­si­tion.”

De Lille said it was the City’s pol­icy that more than one per­son be short­listed for a po­si­tion.

“We can­not chal­lenge a rul­ing or take it on re­view, when we have not fol­lowed our own rules,” she said, adding that ex­ec­u­tive di­rec­tors make ap­point­ments in the ad­min­is­tra­tion.

The job of di­rec­tor of poli- cing was given to for­mer top cop Rob­bie Roberts.

E-mail ex­changes in June 2015 be­tween Roberts and the City’s di­rec­tor for safety and se­cu­rity Richard Bos­man con­firmed the job was ear­marked only for Roberts.

This fol­lowed prior dis­cus­sions even be­fore a may­oral com­mit­tee meet­ing where the post was approved.

The dis­cus­sions were be­tween Bos­man and Mayco mem­ber for safety, se­cu­rity and so­cial ser­vices JP Smith.

On Novem­ber 11, 2016, Ju­liana Roux, le­gal ad­viser at the direc­torate for cor­po­rate ad­vi­sory ser­vices, wrote to De Lille, Ebrahim and then di­rec­tor for cor­po­rate ser­vices Lun­gelo Mban­dazayo.

Roux pointed out that De Lille, as mayor, was the only official to au­tho­rise or de­fend, ap­peal and re­view pro­ceed­ings in­clud­ing ar­bi­tra­tion rul­ings in the high court or a court of equal stature.

She said the ar­bi­tra­tion award to Marais was bizarre. Roux said the po­si­tion was ini­tially con­cep­tu­alised in 2008, but was never filled as no suit­able can­di­dates could be iden­ti­fied.

Marais, who is metro po­lice deputy chief ap­plied to be ap­pointed in 2009, but the City con­cluded she was not a suit­able can­di­date.

Roux said the only per­son who was qual­i­fied for the short­list was Roberts who had 31 years of ex­pe­ri­ence in the po­lice. He was also pre­vi­ously a bri­gadier and held a po­si­tion of ma­jor-gen­eral in the po­lice.

“One ap­pli­cant in fact cited Roberts as a ref­er­ence,” she added.

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