27 July 2015 - NW2115
Waters, Mr M to ask the Minister of Cooperative Governance and Traditional Affairs
(1)On what grounds was Mr M Mlandu the previous Ekurhuleni Metropolitan Municipality Director of Strategy and Planning fired; (2) whether it is the practice that persons appointed in accordance with section 56 of the Local Government: Municipal Systems Act, Act 32 of 2000, are appointed, suspended or fired by a resolution of a council meeting; if so, can he provide a copy of the decision by Ekurhuleni Metropolitan Municipality to fire Mr M Mlandu; (3) whether he intends to take any action on this matter; if not, why not; if so, what action? NW2426E
According to information submitted by the Gauteng Provincial Department of CoGTA:
- Mr M Mlandu was charged with gross misconduct, unlawfully and improperly obtained documents, gross dishonesty and incompatibility. He was found guilty by the presiding officer who imposed dismissal as a sanction. Mr Mlandu has referred the matter to the Bargaining Council and the matter will be dealt with in July 2015.
- The municipal council is empowered to appoint, suspend and dismiss section 56 managers. In this particular case, a Council resolution was not passed as the decision to terminate the employment of Mr Mlandu, was delegated to the Executive Mayor by the Council.
- The Local Government: Disciplinary Regulations for Senior Managers, 2011 (‘‘the Regulations’’), regulation 10(6) provides that the presiding officer must, by not less than ten days after the last day of the hearing, provide the municipality and senior manager or his or her representative with a written reasons for the findings and a copy of the sanction.
Regulation 12(2) of the Regulations provides that the presiding officer must submit a record of the proceedings to the municipal council, within ten days after imposing the sanction. Regulation 12(3) of the Regulations further provides that the municipality must implement the sanction imposed by the presiding officer and report the outcome of any disciplinary hearing within fourteen days after the finalisation of such disciplinary hearing to the Minister and MEC responsible for local government in the province.
The findings of the disciplinary hearing were never presented before the Municipal Council which is a requirements in terms of Regulation 12(2) of the Regulations. The municipality will be advised to adhere to the process as provided in regulation 12 of the Regulations.