MM never obtained legal advice for suspension
LEGAL adviser advocate Vincent Mayisela, who deals with labour disputes at Sol Plaatje Municipality, informed council that the municipal manager never consulted him to obtain legal advice regarding the suspension of the local economic development manager, Phetolo Sithole.
During a special council meeting earlier this week, Speaker Nomizizi Maputle indicated that they did not wish to “get themselves deeper into trouble”, where Sithole had submitted a letter from his attorney regarding his suspension.
It was also noted that Sithole was suspended after the municipal manager had obtained recommendations regarding his involvement in the appointment of the tourism manager.
“The purpose of a suspension is to prevent an official from interfering with evidence or pending an investigation. In this case it is being done retrospectively.”
Mayisela pointed out that council was left in a “difficult position”.
“It creates a legal problem as council appointed Sithole as the acting executive director of infrastructure and services whereas someone else suspended him as the local economic development (LED) manager.”
He indicated that Sithole had not relinquished his position as the LED manager when he was appointed as the acting executive director of infrastructure and services.
EFF councillor Pontsho Mocwana believed that Sithole’s reinstatement was as a result of political interference.
“The Speaker refused to indicate if the reinstatement was a council resolution and made the decision on her own.”
He believed the matter should be kept in abeyance until further legal advice was obtained.
DA councillor Chris Phiri pointed out that only a court and not the municipal manager could nullify a council decision.
“The municipal manager is disrespecting council.”
DA councillor Elize Niemann indicated that council and not the municipal manager was “the boss”.
She pointed out that Sithole was suspended 11 years after the tourism manager Neo Poolo was appointed in 2012.
DA councillor Christopher Whittaker recommended that further legal action be sought.
“It is a grey area and it could have dire consequences for the municipality. Can a suspended person be reinstated into an acting position?”
ANC councillor Thobeka Matika pointed out that service delivery suffered in all 33 wards while Sithole was on suspension, while ANC and GOOD councillors urged that Sithole to be reinstated with immediate effect.
Sol Plaatje Service Delivery Forum councillor Dennis Pienaar
believed that the decision to appoint Sithole should be declared null and void.
“We need to fill the position with a person with the necessary skills and qualifications.”
Freedom Front Plus (FF+) councillor Kobus van den Berg added that a “better suited” candidate should fill the position.
FF+ councillor Johan Smit indicated that he was only made aware of the suspension of municipal officials at Wednesday’s council meeting.
The municipal manager, Thapelo Matlala, stated that senior managers were excluded from bargaining unit conditions of service.
“It is not applicable to them and it is the prerogative of the municipal manager to do that.”