The Labour Court has ordered the eThekwini Municipality to reinstate an investigator from its investigations unit, the City Integrity and Investigations (CIIU), after it dismissed him in December 2024.

The municipality had claimed there was misconduct connected to a forensic company contracted by the CIIU to investigate corruption against former Mayor Zandile Gumede. 

The investigator cannot be named as he is a State witness in Gumede’s R320 million fraud trial and the media is prohibited from naming State witnesses in the trial.

The investigator sought several forms of relief, including the declaration that all decisions from the unauthorised disciplinary process by the municipality were invalid, reinstatement to his previous position, and compensation for legal expenses.

Judge Benita Whitcher found that the municipality conducted an unauthorised disciplinary process.

In May 2024, the investigator received a disciplinary notice regarding alleged misconduct connected to the contract of forensic company Integrity Forensic Solutions CC (IFS).

After that, he applied to the South African Local Government Bargaining Council (SALGBC) under Section 188A of the Labour Relations Act, requesting that an independent arbitrator handle the disciplinary proceedings, instead of the municipality’s internal process.

“The SALGBC ruled twice in the investigator’s favour, issuing decisions on June 5, 2024, and December 3, 2024, that confirmed the matter should proceed as a pre-dismissal arbitration,” the judge said.

She said the municipality proceeded with its internal hearing despite the SALGBC directives, with Sbonelo Mchunu as the chairperson, while Bokang Molefe was the initiator. In the matter before the Labour Court, the municipality is the first respondent, Mchunu is named as the second respondent, and Molefe is the third respondent.

The hearing commenced on December 11, 2024, and continued through to December 13, 2024.

On December 11, 2024, the investigator filed an urgent court application to stop the proceedings.

Despite the court application and the SALGBC’s authority, Mchunu and the municipality ignored both, with Mchunu refusing to acknowledge the arbitration council’s rulings.

Following this, the municipality fired the investigator on December 13, 2024, prompting him to launch review proceedings challenging the legality of the entire disciplinary process. The investigator argued that the municipality had acted without lawful authority by disregarding the SALGBC’s jurisdiction.

She stated that the municipality exceeded its legal authority once the SALGBC had assumed jurisdiction over the matter. 

“The respondents’ refusal to recognise the arbitration council’s authority rendered the entire internal disciplinary process legally meaningless,” Judge Whitcher said.

Judge Whitcher set aside Mchunu’s December 13, 2024, dismissal decision, declaring it null and void. She said the disciplinary process was conducted without lawful authority.

“He must tender his services to the municipality by August 18, 2025, while the eThekwini Municipality bears responsibility for his legal costs,” Whitcher ordered. 

nomonde.zondi@inl.co.za

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