Suspended Msunduzi manager Lulamile Mapholoba is heading to the high court seeking an urgent interdict to get his job back after the mayor told him to remain at home until the outcome of the disciplinary hearing against him.
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Mapholoba had returned to work for a short period on Tuesday and Wednesday following the recent Durban Labor Court judgment, which found his suspension in February was unlawful.
However, on Tuesday he was informed of the council’s decision to suspend him again.
On Wednesday, Mayor Mzimkhulu Thebolla stressed that Mapholoba will remain suspended as per the recent council resolution, which was informed by a report tabled by Thebolla based on the outcomes of an independent investigator.
The investigator found that Mapholoba had allegedly committed several transgressions which compromised the municipality.
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At Wednesday’s press conference Thebolla said the Labor Court judgment was noted, but the decision to suspend stood as the concerns about the initial suspension have been “fully ratified” by the council at its meeting on May 2.
“Significantly, the confirmation and ratification of the suspension by the council only occurred after the council was provided with the complete set of correspondence and documentation relating to the municipal manager’s suspension, including the municipal manager’s written representations, for its own consideration.”
Having considered the said documentation, the council, in essence, took the decision that the municipal manager’s suspension was justified and, consequently, confirmed and ratified the decision to suspend him. This means that the suspension of the municipal manager was done in full compliance with the disciplinary regulations.
Asked if it was not a concern to take action on a matter whose judgment has been reserved by a judge, Thebolla said:
“We will leave the reserved judgment by the Labor Court to the lawyers, and we respect the employer-employee relationship confidentiality.”
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Mapholoba said he would dispute the council’s resolution and added that he had not been given the report tabled at the council for his perusal.
I will not be returning [to work] until the high court clarifies this situation. I have instructed my attorneys to file an urgent interdict and the outcome will determine my next move with regards to returning to work. Msu
He is suspended on full pay.
