The eThekwini Municipality and its City Manager, Musa Mbhele, have been directed to come to the Durban Labour Court to explain why they should not be charged for contempt of court, for failing to reinstate a senior investigator to work after this court issued that order in August. 

The senior investigator, who cannot be named due to a court order prohibiting the media from naming any State witnesses in the R320 million Durban Solid Waste (DSW) corruption case involving former eThekwini Mayor Zandile Gumede, had been working at the eThekwini City Integrity and Investigations Unit (CIIU). 

He was dismissed in December 2024 following a disciplinary hearing. The dismissal stemmed from misconduct allegations related to the contract with a forensic company that investigated Gumede, Integrity Forensic Solutions (IFS). 

IFS was appointed by CIIU to investigate DSW tender irregularities, which resulted in the arrest of Gumede and 21 others.

Earlier this year, the Labour Court found that the municipality unlawfully dismissed the investigator and ordered that he be reinstated to his position on August 18, 2025. 

The controversy that resulted in disciplinary hearings for the senior investigator began after a whistle-blower’s report in May 2023, alleging irregularities in IFS’s appointment. 

In May 2024, the investigator received notice of a disciplinary hearing. He applied to the South African Local Government Bargaining Council (SALGBC) seeking independent arbitration rather than internal processes.

The SALGBC issued rulings on June 5, 2024, and again on December 3, 2024, directing that disciplinary proceedings be conducted as pre-dismissal arbitration. 

Despite these directives, the municipality proceeded with internal processes.

The hearing occurred from December 11-13, 2024, with Sabelo Mchunu refusing to acknowledge SALGBC authority. Mchunu was the chairperson in the municipality hearings held for the investigator. The investigator was dismissed on December 13, 2024. 

The court order issued on Tuesday by the Labour Court said the respondents, which are the municipality, Mbhele, Bokang Molefe (municipal official), and Mchunu, must appear in court in November. 

“The respondents are entitled to explain their conduct by way of affidavit on the date of the hearing,” read the order.

Alternatively, the respondents before the November date submit an opposing affidavit five days before the hearing, and provide facts and legal reasons opposing being in contempt of court. However, they are still ordered to come before the court on the day of the hearing. 

The court said if the respondents do not provide a satisfactory explanation to the court for not complying with the order, or do not succeed in any other grounds for opposition, or fail to appear in court on the specified date, the court will seek an order declaring them in contempt.

“And for a further order directing Mchunu, Mbhele, and Molefe to be incarcerated for such a period as the above honourable court deems appropriate, alternatively the honourable court impose a fine on the respondents jointly and severally, in an amount the court deems appropriate,” read the order. 

nomonde.zondi@inl.co.za

Source link