The Durban Labour Court has dismissed an urgent application to reinstate the former eThekwini Municipality head of the electricity unit.

Former municipal official, Maxwell Mthembu, allegedly threatened municipal workers scheduled to testify against him on allegations of Supply Chain Management (SCM) irregularities relating to contracts in the supply and delivery of electricity meters.

Mthembu was dismissed by the city on March 19, 2025. He was employed as the head of the electricity unit in April 2018, and he was suspended on March 20, 2024, as he faced several misconduct charges. 

His first charge related to gross insubordination and gross dishonesty, followed by the SCM irregularities. Following the allegations, the city launched an investigation.

In September last year, he approached the Local Government Bargaining Council to challenge his suspension, but it was dismissed. 

Mthembu remained on suspension until the city served him with a notice for a disciplinary hearing, which was held in February this year. He started with his evidence in the hearing on March 19.

However, he was dismissed that same day due to allegations of threats and intimidation against municipal officials set to testify against him regarding invoice splitting. The hearing was never concluded. 

In his affidavit, Mthembu stated that his dismissal without a hearing was unlawful and not permitted.

In argument, the counsel for the city, Advocate Lynette Naidoo SC, said this court lacked jurisdiction to hear Mthembu’s application.

She said Mthembu complained of failure to follow procedure before his dismissal, and the source of such a procedure is the collective agreement. 

“The correct forum is arbitration and not this court,” she said. 

Acting Judge JT Djadje noted that Mthembu claimed that the city breached the terms of the Collective Agreement that regulates disciplinary procedures in the workplace. 

“Given that the dispute between the parties must be arbitrated, this court has no jurisdiction to entertain it,” Djadje added. 

The breach that Mthembu refers to in the application is a failure by the municipality to follow the procedure provided in the Collective Agreement. Furthermore, Djadje said the source of the cause of action is the enforcement of the Collective Agreement and not breach of the employment contract.

 Additionally, the acting judge said factors indicating that Mthembu’s matter was urgent were not explained. 

“As far as financial hardship is concerned, all that the applicant stated was that the termination would have devastating financial consequences. Those consequences were not explained, and how the applicant would be affected,” Djadje said. 

nomonde.zondi@inl.co.za

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