Felani Mndebele finally wins R1,7m compensation in arbitration case regarding unfair dismissal case against GMM
In a judgement given by Arbitration Commissioner Freddy Baloyi, it became clear that the ratepayers will once again pay for mistakes made by the ANC majority in GMM Council.
Baloyi awarded Mndebele R1,7m compensation in a CCMA Arbitration ruling made on 29 September 2022.
The embattled Ex-Municipal Manager of Govan Mbeki Municipality took the municipality to the CCMA in an unfair dismissal dispute related to misconduct as described in section 191(5) (a) of the Labour Relations Act No.66 of 1995 as amended (the LRA).
The Municipality has shown disregard for several rulings in this case and the residents will have to foot the bill. The legal fees alone would be a substantial amount. These decisions made by the council of GMM are paid for with money received from levying rates and taxes. Rates and taxes are paid by residents and businesses within Govan Mbeki Municipality.
The Bulletin reported the progress of the dismissal over several articles. These will be recapped shortly.
Baloyi made several references to unfair practices by GMM.
It would be fair to note a few.
“It is common cause and noted in the pre-arbitration minutes that the respondent (GMM) has conceded that no procedure was followed before the applicant was dismissed.”
This means that in layman’s terms, Mndebele’s contract was terminated, but none of the described procedures was followed as required by law.
“It is uncontested that the applicant was dismissed after Council made a resolution to terminate his contract on 16th July 2022. The letter did not stipulate the reasons for the termination except that the item about the termination of his employment contract, namely CA011/07/2021, was discussed and dismissal be effected on 16th July 2021.”
The opposition parties contested the decision but the ANC used their majority to push the item through. In an article titled “Municipal Manager sacked by GMM (July 17, 2021),” the Bulletin highlighted the following:
- In a council meeting that was described by Cllr James Masango as a Cangaroo Court to fire the Municipal Manager, the ANC voted as per their party caucus decisions leaving the Municipality open for further lawsuits and expenses.
- In the discussion of the item, Executive Mayor Cllr Zuma acknowledged the fact that Felani obtained a court order against the Municipality compelling them to allow the MM to return to work and halt all proceedings against him.
- In the judgement by Acting High Court Judge, AJ Brauckmann costs were awarded against GMM. This was after the team from GMM tried to mislead the High Court regarding the Council resolution taken by the council regarding the appeal.
Read the article HERE
“The following was the order made by the Middelburg High Court: 11.1 the disciplinary proceedings instituted against the Applicant on 16 October 2020 in terms of the Local Government: Disciplinary Regulations for Senior Managers 2010 (“the 2010 Regulations”) is declared unlawful, null and void.”
“The applicant’s (Felani Mndebele) dismissal is on a balance of probabilities procedurally unfair.”
“The reasons given by the respondent (GMM) after the termination of his employment do not amount to charges but mere allegations as they were not tested in a disciplinary hearing.”
“The respondent chose to arbitrarily terminate the applicant’s contract through a process in conflict with the court’s order”
The following award was made:
The dismissal of the applicant (Simon Felani Mndebele) by the respondent (Govan Mbeki Local Municipality) is procedurally and substantively unfair.
The respondent ordered to pay the applicant (Simon Felani Mndebele) the amount of R1 672 257.36 (One million six hundred and seventy-two thousand two hundred and fifty-seven rands thirty-six cents only) into his bank account by no later than 31st October 2022.
To recap some of the articles we will highlight some of the paragraphs in them.
Title: MAYOR MISLEADS COUNCIL TO PUSH ANC AGENDA (May 20, 2021) Click HERE for the article
GMM Mayor misleads council to obtain condemnation for actions already taken while this will cost the municipality thousands.
The council convened on the 30th of March and the item was presented to the council. In this item, the Mayor, Cllr Nhlakanipho G Zuma, explained the court action that the Municipal Manager took to try and have him reinstated at the council.
This is an important fact on the timeline. The opposition parties vehemently opposed the possibility of an appeal. Unfortunately, the ANC majority decided to go ahead with this appeal.
The problem lies in the fact that the appeal had already been lodged at the high court on the 29th of March, without council approval.
Title: MM PLACED ON SUSPENSION BY ANC MAJORITY (September 3, 2020) Click HERE for the article
“It doesn’t matter what the opposition says, we will push it through!” The words of MMC Ethel Nkosi still ring in the ears of the opposition as the ANC pushes through their agenda of removing the Municipal Manager.
The last extraordinary council meeting was no different. Opposition parties vehemently opposed the suspension of the Municipal Manager, proposing that at the very least the Mayor and CFO should also be suspended and investigated.
During the presentation of the item, the Mayor, Cllr Thandiwe Ngxonono, accused the Municipal Manager, Felani Mndebele of the late submission of the Annual Financial Statements.
Freedom Front Plus Councillor Aranda Nel-Buitendag said in a statement to The Bulletin: “The FF plus feel the suspension of the Municipal Manager is unacceptable. The allegation that was made by the Executive Mayor of the MM is absurd.”
Title: GMM MUNICIPAL MANAGER STILL NOT AT WORK DESPITE RULING. (March 30, 2021) Click HERE for the article
The ANC majority in council today voted to appeal the High Court ruling interdicting any proceedings against the Municipal Manager
The judgement of the High Court is not painting a rosy picture of the municipality. It would appear as if the ANC in their majority in council will not hesitate to use any means possible to get rid of the MM.
“The DA is of the opinion that the incurrence of exorbitant legal fees on the part of the municipality to fight battles in the high court intended to protect ANC cadres, and the double payment of acting officials and suspended officials is a further wastage of public funds that the bankrupt Govan Mbeki Municipality simply cannot afford – and could have been put to better use if it was allocated towards delivering much-needed services that residents and businesses have been stepping up to the task for at their cost,“ said Councillor Jordaan before the council meeting.
