The manager of the Msunduzi Municipality has vowed to challenge his suspension in court as he believed it was illegal.
Lulamile Mapholoba was suspended by the council last week after it had given him notice the week before asking him to give reasons why he should not be suspended.
On February 21, the Msunduzi council had met and detailed a number of allegations against the municipal manager.
These included his alleged failure to act in the interests of the council, and insubordination and gross dishonesty – charges that Mapholoba denied.
In his letter in response to the allegations, Mapholoba said there had been interference in his job by the mayor Mzimkhulu Thebolla and the ANC leaders in the Moses Mabhida region. He claimed the mayor had failed to act against wrongdoing.
Mapholoba confirmed that he had been suspended when asked about the council decision.
“It is true. Funny enough Mayor Thebolla did not table my response to the council.”
He said the suspension was illegal. “I consider this as unfair suspension and unfair labour practice. As such, I have to approach the Labour Court and bargaining council. My lawyers are working on papers.”
He said it seemed the decision was pre-determined.
“They had seven days to consider my representation but took hours.”
Opposition parties in the council expressed concern about the suspension. DA councillor Ross Strachan said the process followed was improper.
“The mayor tabled his report to precautionary suspend the city manager and refused to furnish the city manager’s written representation.
“This immediately further compromises the entire process followed and further opens this municipality up for serious litigation that we certainly cannot afford at this juncture.
“It is crystal clear that the motives of the ANC leadership by purposely flouting this process raises serious red flags, and has now placed this municipality in a precarious position,” said the DA councillor.
ACDP councillor Rienus Niemand said the party was dismayed at the procedural flaws and downright fatal omissions committed by the mayor in suspending the municipal manager.
“Such incompetence and or ignorance will be punished by the court, leave egg on the face of the mayor and place a huge question mark over the motives behind the exercise.
“The financial implications are frightening and may involve councillors being held personally responsible for taking illegal decisions,” said the ACDP councillor.
Niemand said he had seen the municipal manager’s response to the allegations and they created the impression of possible corruption on the side of the mayor.
“The fact that the mayor refuses to table the municipal manager’s reply, which would allow the council to make an informed decision, smacks of a possible attempt at a cover up and deliberately misleading council.
“The ACDP calls on Cogta to intervene, bring in the SIU and the Hawks and bring an end to this chaotic farce.
It is time for an honest and efficient government,” Niemand said.
Mayor Thebolla said the process to suspend the municipal manager had been carried out in accordance with the law.
“The council took a decision that it wanted to investigate the allegations against the municipal manager and he must step aside while we do (the investigation),” said Thebolla, reiterating that at the moment the matter was subject to internal municipal processes and once those are completed, they will inform the public.
Thebolla, speaking as the chair of the region, said the ANC was still to discuss the way forward in light of the allegations made against it.
The Mercury