Sol Plaatje court battles and worker absorption set to cost millions

AS THE legal battles surrounding the suspension of Sol Plaatje municipal manager Thapelo Matlala rage on, the bills are mounting at an alarming rate.

Matlala was suspended pending an investigation into allegations of misconduct, with disciplinary proceedings continuing.

It has been reliably learnt that executive mayor Martha Bartlett and Speaker Dipuo Peters have to cough up R1.8 million after they were slapped with personal cost orders in two court applications to appeal judgments that instructed Matlala to return to work.

The legal fees to reimburse senior counsel who represented Sol Plaatje Municipality are believed to amount to an estimated R3 million so far.

During his return to the office on February 11, Matlala approved the absorption of 125 casual workers, following which mass protest action was suspended.

However, his return was short-lived when a fresh appeal was filed on February 13 by Sol Plaatje Municipality, the executive mayor and the Speaker – three days after it had been withdrawn on February 10.

The urgent application also challenges the personal cost orders made against the mayor and Speaker.

‘Abuse of court processes’

Matlala’s legal representative, Matome Mashao, stated in correspondence on February 13 that there was “an abuse of court processes” and that the municipality was “hell-bent” on removing his client from office.

“Your clients continue to act without any legal authority. Mr Matlala has fully co-operated. He merely seeks justice and compliance with the law. He suffers financial prejudice due to the frivolous oppositions, while the municipality continues to operate without a municipal manager. This is not sustainable.”

Mashao also implored Northern Cape High Court Judge President Pule Tlaletsi to expedite and adjudicate his client’s matter. 

‘High risk of insolvency’

Opposition parties have meanwhile questioned where the funds were sourced for the absorption of 125 casual workers at Sol Plaatje Municipality.

While a council resolution was passed last year for the absorption of workers, the municipality has previously cited that there were no available funds for the absorption process.

The latest audit report pointed to liquidity and cash-flow problems, warning that the absorption of 497 workers would place the municipality at a “high risk of insolvency” and result in unauthorised expenditure.

A special council meeting to discuss the absorption process never took place last week, as it was cancelled indefinitely at the last minute due to the absence of the MEC for Co-operative Governance, Human Settlements and Traditional Affairs.

The municipality initially wanted to absorb 44 workers and later agreed to permanently employ 60 workers.

A total of 125 letters of permanent absorption were handed out on February 12.

The DA caucus chair at Sol Plaatje Municipality, Elize Niemann, pointed out that there was no available budget to immediately finance the absorption of 125 workers.

“It was agreed that workers would be absorbed in phases to fund the process without exhausting the finances of the municipality.”

She added that workers with critical skills, such as plumbers and electricians, should have been given first preference for absorption.

“It appears as if decisions were made at midnight without any council resolutions,” said Niemann.

She found it concerning that Sol Plaatje Municipality was cited in all the court battles.

‘Ratepayers will foot the bill’

FF+ Member of Parliament Kobus van den Berg believed that the absorption process would cost the municipality millions of rand, with ratepayers ultimately having to foot the bill.

“We don’t know where the money will be coming from. The decision has great financial implications for the municipality,” he said.

EFF councillor Poncho Mocwana stated that the cash-strapped council had yet to be informed as to where the funds were sourced for the absorption process.

While the South African Municipal Workers Union last week indicated it would be pushing for the absorption of the next 200 casual workers on July 1, it is believed that mass action will begin next week.

Sol Plaatje Municipality did not respond to media enquiries.