The Local Government Bargaining Council has ruled in favour of five senior officials from the City of Tshwane Metropolitan Municipality, whose suspensions were deemed unfair.
The dispute arose after the applicants—Group Head of the Water and Sanitation Department, Stevens Notoane; Director of Electrification, Justice Sekokotla; Divisional Head of Water and Sanitation, Dumisani Gubuza; Divisional Head of Electricity Planning and Development, Frans Manganyi; and Divisional Head of Supply Chain Management, Thembeka Mphefu—were suspended in April 2024 following a series of disciplinary proceedings.
Originally commencing their employment between 1998 and 2014, the applicants sought the upliftment of their suspensions, alleging that their treatment was both unfair and damaging to their mental and professional well-being. Evidence presented during the proceedings revealed that none of the applicants were suspended while the investigations were ongoing; in fact, they were actively fulfilling their duties until the charges were brought against them after a lengthy inquiry process. Testimonies highlighted the psychological toll the suspensions have had on the applicants, with feelings of degradation and humiliation exacerbated by public media statements which suggested misconduct on their part.
At the heart of the arbitration was the question of whether the applicants' suspensions were substantively fair. The committee heard the voice of the municipality, which argued that the suspensions were warranted due to ongoing investigations by the Special Investigating Unit (SIU) regarding alleged misconduct related to the Rooiwal Wastewater Treatment tender. However, the evidence presented by the applicants indicated a lack of justification for their suspensions, highlighting that there had been no risk of interference with the ongoing investigations given the conclusion of the disciplinary proceedings.
Arbitrator findings leaned heavily on the stipulations laid out in the collective agreement, which limited suspension periods to three months unless specific circumstances warranted an extension. In this case, the applicants had already been subjected to over six months of suspension, violating the collective agreement provisions. Furthermore, it was concluded that the reasoning behind their suspensions was not solid, primarily stemming from dissatisfaction with the disciplinary enquiry’s outcome, where one of the applicants was only found guilty on a single charge out of four.
The arbitration award mandated the City of Tshwane to uplift the suspensions of the five officials, instructing them to report for duty by January 20, 2025. Additionally, the municipality has been ordered to pay each applicant compensation equivalent to two months' salary—totalling significant financial implications for the metro.
Selby Bokaba of the City of Tshwane. Picture: File
Selby Bokaba, City of Tshwane's Group Head: Communication, Marketing and Events said the metro filed an application with the Labour Court for a review of the findings and sanction pronounced by the chairperson of the disciplinary hearing.
The matter is still pending before court, he said, adding the City petitioned the court to expedite the review application. "In view of the above, the City will not comment any further on this matter as it relates to HR processes and is sub juice," Bokaba added.
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