The Mangaung Metropolitan Municipality’s electricity distribution entity, Centlec, has been stopped from forcing one of its senior officials to resign after its bosses presented him with an unsigned resignation letter.

Centlec spokesperson and general manager: marketing and communication, Lele Mamatu, was called into a meeting with chief executive Malefane Sekoboto and chief financial officer Zoe Williams last month in which he was presented with his resignation letter.

Mamatu insisted that the letter was not written by him and denounced any knowledge or association with it.

Sekoboto produced the letter and instructed him to sign it.

According to Mamatu, the letter had his name but was unsigned, and he refused to sign it.

Details of the bizarre encounter are contained in papers filed at the Free State High Court in Bloemfontein, which Mamatu approached a few weeks ago to stop Centlec from processing his resignation.

Sekoboto told the court that during the meeting, Mamatu produced a letter from his file and asked him (Sekoboto) to sign it.

He said it was Mamatu’s resignation letter and that he had asked during the meeting on more than one occasion if he wanted to resign. Sekoboto said he accepted the resignation letter but categorically denied producing the letter as Mamatu explained.

Last week, Free State High Court Judge Pitso Molitsoane interdicted and/or prevented Centlec and Sekoboto from processing Mamatu’s purported resignation, restrained and/or prevented them from effecting and or carrying out the purported resignation, and from barring him from accessing the entity’s premises and his workstation as well as reinstating him to his position and retaining his package.

The interim interdict was granted with immediate effect pending the finalisation of the review proceedings, which Mamatu was given 14 days to institute or the interim order will lapse.

In his ruling, Judge Molitsoane said he took into account the inherent probabilities in the versions of both parties.

“In my view, should the interim order not be granted, the prejudice would be great to the applicant (Mamatu). The balance of convenience tilts the scale in favour of granting an interim order,” the judge stated.

Judge Molitsoane said it was clear that on the aspect of whether the letter emanated from Mamatu or Sekoboto, and importantly whether he resigned or was forced to resign, there is a serious dispute of fact which cannot be resolved in motion proceedings.

He added that the correct forum to deal with this dispute would be the review court.

Sekoboto also told the court that Mamatu has in the past written letters without signing them, but Judge Molitsoane found that this did not detract from the fact that the dispute remains and that dispute cannot be resolved in the urgent proceedings.

Mamatu said Sekoboto informed him to clear everything from his office and immediately instructed security personnel to escort him out of the building.

Centlec said Judge Molitsoane reinstated and granted Mamatu access to its premises “on what appears to be compassionate grounds” but also noted and welcomed the interim court order and undertook to abide by it.

“In collaboration with our attorneys of record, we are studying the judgment and shall provide further information, if any, soon after we have consulted with our legal team,” the entity said.

Mamatu’s lawyers, Machini Motloung Attorneys Inc., have indicated that they are preparing to file and serve the review application.

loyiso.sidimba@inl.co.za

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