Sol Plaatje municipal manager Thapelo Matlala has vowed to fight his suspension.
Image: Sandi Kwon Hoo / DFA / File
THE GLOVES are off as Sol Plaatje municipal manager Thapelo Matlala intends to return to his post, maintaining that all disciplinary steps against him are unlawful and are a “sham, driven by ill motives”.
Council decided to place Matlala on precautionary suspension in September amid public protests and mass marches, where civic organisations called for his removal after allegations of misconduct, questionable tenders and irregular appointments surfaced against him.
In correspondence from his attorney, Matome Mashao, it was claimed that the precautionary suspension of his client was “unprocedural, irregular and constituted a serious breach” of the disciplinary regulations for senior managers.
Mashao said Matlala was subjected to prejudice and prejudgement.
“The allegations were based on a Sunday World newspaper publication. No complainant or formal complaint was lodged by any identified person in relation to the allegations raised.”
He added that the appointment of the acting municipal manager pre-empted Matlala’s suspension and/or dismissal.
“The allegations of misconduct were already labelled as ‘serious’ prior to any investigation taking place. The municipality missed the seven-day deadline within which the allegations against the municipal manager should have been tabled in council by the mayor. The allegations made on August 24 were only dealt with in council on September 4.”
Mashao highlighted “gross irregularities, bias and prejudgement”, where no representations were tabled before council before the suspension came into effect.
“Matlala was not afforded the requisite seven days to submit representations, while the investigation of the legal fees was not discussed. There was no evidence to suggest that my client’s representations, which were submitted on September 11, were considered by council within seven days.”
He pointed out that the request to make written representations as to why Matlala should be suspended on November 3 was made after he was already suspended and had already made submissions on September 11.
He also disputed that the investigation report was presented before council on October 28, as the meeting collapsed and no resolution could be passed.
“The investigation report is inconclusive and cannot legally go beyond the terms of reference without the authority of council.
“It is our client’s instruction to demand the immediate cessation of the ongoing disciplinary process, as it is outrageously outside the legal prescripts. There is no case to answer to and there are no grounds to justify his suspension.
“The allegations are a sham and cannot constitute a prima facie basis to proceed with any disciplinary action.”
Sol Plaatje Municipality had not responded to media enquiries at the time of publication.
The municipal manager was placed on precautionary suspension following public outcry.
Image: Sandi Kwon Hoo / DFA / File