Sol Plaatje municipal manager Thapelo Matlala has challenged his re-suspension.
Image: Sandi Kwon Hoo / DFA
MUNICIPAL manager Thapelo Matlala has challenged Sol Plaatje Municipality to "go to court" if it wishes to prevent him from being reinstated, and insisted that the decision to place him back on suspension with immediate effect on January 8 was “null and void”.
He added that while an interdict was obtained in a bid to prevent him from entering the municipality, he was nonetheless allowed to attend the special council meeting on Thursday.
The meeting proceeded behind closed doors when councillors were given an update on the investigation of charges of misconduct levelled against Matlala.
“I am the municipal manager. I have a strong case and the allegations against me are trumped up. I did not want to make a spectacle and I left when I was not able to get inside my office this week,” Matlala stated.
He explained that he had made use of bodyguards as he “felt unsafe” when he returned to work on January 5.
“No one was intimidated or threatened. I love my people and I will dedicate all my energy to get this city right.”
He was worried that work had fallen behind on the R2.5 billion Budget Facility for Infrastructure (BFI) grant to upgrade water infrastructure in the city while he was not in office.
“I am very concerned as huge pipes should have been installed already.”
Matlala’s lawyer indicated that there were attempts to frustrate his client's return to work.
“There are certain segments of the municipality that are hell-bent on making Matlala's return to work unbearable. The attempt at deflecting attention and keeping Matlala on suspension beyond the time frame set in law is unsustainable and outright illegal.”
Tensions ran high, with councillors engaged in a heated argument outside the municipal manager's office while an attempt was made to grind open the doors.
ANC councillors demanded that the decision of the council be upheld, while opposition parties believed that Matlala's suspension was unprocedural.
EFF councillor Pontsho Mocwana stated that the motion to suspend Matlala was passed without giving them an opportunity to vote, although the opposition outnumbered the ANC councillors.
Twelve councillors, the majority of whom were ANC members, formally submitted apologies, while one ANC councillor did not provide a reason for his absence.
FF+ Member of Parliament Kobus van den Berg and Member of the Provincial Legislature and chairperson of the standing committee on co-operative governance Theo Joubert have requested a Section 106 inquiry at Sol Plaatje Municipality.
Image: Sandi Kwon Hoo / DFA
FF+ Member of Parliament Kobus van den Berg and Member of the Provincial Legislature and chairperson of the standing committee on co-operative governance Theo Joubert stated that they had requested the MEC for Co-operative Governance, Human Settlements and Traditional Affairs to institute a Section 106 inquiry into possible financial mismanagement and maladministration at Sol Plaatje Municipality.
Joubert stated that the instruction to remove them from the gallery, when the investigation report was discussed as a confidential item, contravened the power, oversight rights and privileges of parliamentary and provincial legislature office-bearers.
“The Speaker cannot use the festive season as an excuse not to fulfil the municipality’s statutory and Constitutional duties. It smacks of administrative paralysis, political incapacity and a lack of public trust. A special council meeting should have been held to legally extend the precautionary suspension before it lapsed,” he said.
DA caucus leader Heinrich Pieterse stated that the ANC had bulldozed the re-suspension of Matlala, along with the extension of the acting municipal manager Busiswe Mgaguli's secondment.
“The DA intended to raise the lack of available evidence against Matlala and the contravention of disciplinary processes. We also wanted to probe contractual work and payments concluded under the management of Mgaguli.
“By using the council meeting as a rubber stamp, while failing to open the floor for engagement and avoiding putting the matter to a vote, despite widespread disagreement from the entire opposition,” he said.
Tensions ran high during the special council meeting on Thursday.
Image: Sandi Kwon Hoo / DFA
Speaker Dipuo Peter was unable to estimate how long Matlala would be back on suspension.
“It can take from five days to a month. It all depends on what the investigation panel decides. We wish for this matter to be expedited so that stability can be restored as soon as possible. We will abide by the outcome.”
She claimed that political parties were given an opportunity to caucus and present their reports during the council meeting.
“We did not vote - there was a mover and a seconder.”
Peters indicated that Matlala was served with interdict papers on January 7
"This was done as a precaution to prevent the interference of potential witnesses and access to information in the building during the investigation. Already in this building, a lot of documents are getting lost.”
She pointed out that Mgaguli would remain in the employment of Sol Plaatje Municipality until the suspension of Matlala was finalised.
"An official's salary cannot be terminated while on suspension. It is a consequence of the processes involved."
She added that allegations that the whole debacle was motivated by officials who were determined to access BFI funds were "untested".
“If anyone has evidence of wrongdoing, they should go to the police. I am not the police,” Peters advised.