Gauteng Department of Infrastructure Development CFO fights unlawful suspension in court
The Chief Financial Officer (CFO) of the Gauteng Department of Infrastructure Development (DID) has taken the department to court over her suspension.
According to court papers, the CFO’s lawyers claim that her suspension has been unlawful, and they are calling for it to be lifted so she can return to work immediately.
Sources within the department indicate that the CFO was suspended for refusing to sign off on contracts she deemed irregular.
The CFO was suspended for eight months from March 2024 without being charged, but was subsequently charged in November 2024.
A source from one of the unions stated: “She was suspended for eight months without being charged… and now that she has been charged, the department is spending millions of rand on a wild goose chase.”
The source said the department has spent close to R15 million in disciplinary proceedings and would incur a bigger bill now that the matter is going into the Labour Court.
Last week, the matter was struck off the roll in the Labour Court, with the ruling that the case was not urgent.
However, the case will be admitted to normal court proceedings on a later date to be announced by the court.
Departmental spokesperson Theo Nkonki confirmed that the matter is still under the disciplinary process; however, he could not comment further.
In a letter of suspension, the new departmental head Rufus Mutlana wrote that the department initiated disciplinary proceedings against the CFO on November 1, 2024, and these proceedings are currently ongoing.
“We confirm that on 04 March 2024, you were served with a notice placing you on precautionary suspension… to enable the department to conduct an investigation into various allegations of misconduct against you,” the letter from Mutlana read.
Legal expert Thabiso Mojela said in South African labour law, disciplinary proceedings must be completed in the shortest possible timeframe.
“Unnecessary delays can lead to findings of procedural unfairness. The Labour Court has emphasised the importance of timely discipline to maintain fairness and effectiveness in the disciplinary process,” Mojela said.
The source further said the CFO’s suspension was recently lifted because it was deemed unlawful, but on the same day, she was served with another suspension pending the disciplinary process.
The arbitration proceedings instituted by the CFO before the General Public Service Sector Bargaining Council are scheduled to proceed this month.
The spotlight was directed at the DID after it was revealed that the CFO had been suspended for eight months without being charged and still receiving a full salary.
Adding fuel to the fire, the embattled department has seen four senior officials resign, while others are disgruntled over being moved between units without consultation.
Allegations against the CFO include insubordination, dereliction of duties, and absenteeism, which she has denied.
mashudu.sadike@inl.co.za
