KnysnaKnysna MM claims his suspension has lapsed – Knysna https://showme.co.za/knysna Knysna, South Africa for all your local and tourism information; from accommodation to events, entertainment, attractions and news - ShowMe Knysna | T Feed Wed, 06 Mar 2024 08:20:00 +0000 hourly 1 https://showme.co.za/knysna/?p=56951 Knysna MM claims his suspension has lapsed https://showme.co.za/knysna/news/knysna-mm-claims-his-suspension-has-lapsed/ Thu, 25 Jun 2020 14:11:08 +0000 Lawyers representing suspended Knysna municipal manager Dr Sithembele Vatala have written to the municipality pointing...]]> Lawyers representing suspended Knysna municipal manager Dr Sithembele Vatala have written to the municipality pointing out legal flaws on the municipality’s side when it informed Vatala about his hearing on 12 May, claiming their client’s suspension has expired as a result thereof and that their client is ready to report for duty.

In a letter to the acting municipal manager Dr Michele Gratz dated 5 June, McWilliams and Elliott Inc attorneys stated that as a result their client suspension’s has automatically been uplifted.

“Our client hereby tenders his services to return to fill his position. Should we not hear anything further from you, our client will report for duty. His suspension has automatically lapsed given the provisions of the Local Government Disciplinary Regulations applicable to senior managers as gazetted 21 April 2011,” said Imraan Petersen.

Two provisions

Petersen said in his clients view there are two provisions in the disciplinary regulations which are applicable: “Section 9(1) The notice contemplated in sub-regulation 8(3) must be given to the senior manager in writing at least seven days before the date of the hearing.

“Section 6 of the disciplinary regulations states that if a senior manager is suspended a disciplinary hearing must commence within three months after the date of suspension failing which the suspension will automatically lapse. (b) The period of three months referred to in paragraph (a) may not be extended by the council,” he said.

According to Petersen, one day before the purported disciplinary hearing, on 11 May 2020, Vatala was informed by way of a one-line email that the hearing would proceed on 12 May 2020.

“There was thus clearly material non-compliance with the mandatory provisions contained in sections 9 in that: As opposed to affording our client seven days’ notice of the hearing he was afforded effectively less than one day and instead of furnishing our client with a notice substantially the same as annexure F [a copy of a notice of disciplinary hearing] he received a one-line email,” he said.

‘No excuse’

Petersen said in his view there can be no excuse for such conduct. “Even with the lockdown, there was nothing preventing the municipality from giving our client a timeous notice of the hearing and from furnishing our client with a notice substantially compliant with annexure F.

“The question which arises is why would there be such a material degree of noncompliance with the peremptory regulations. It is not difficult to find a motive therefore,” he said.

According to Peterson, unless proven otherwise, the “inference” is that the municipality realised after the fact that if it complied with the regulations it would not be able to hold the hearing before the automatic lapsing of their client’s suspension.

“It follows that the municipality decided deliberately so, to contravene the regulations in a thinly veiled but impermissible attempt to thwart the automatic lapsing of our client’s suspension. Self-evidently such conduct is not lawful. A party cannot set a matter down with an ulterior purpose. To aggravate matters, we are informed by our client that the above defects in the notice were not disclosed to the presiding officer. If we are wrong in this regards please let us know how it was disclosed and what the response was,” said Petersen in the letter.

‘Notice, enquiry nullified’

He said their client’s contention is that the provisions referred to above are obligatory and failure to comply with them would mean that the notice and thus the holding of the enquiry were nullified and fall to be disregarded.

Petersen on Monday said Vatala has not yet returned to work and they are still waiting for further instructions from him.

Knysna Municipal spokesperson Christopher Bezuidenhout said the disciplinary committee hearing of Vatala commenced virtually on 12 May and was postponed without an exact date for continuation. “The officer leading evidence and the legal representatives of Dr Vatala are in negotiations as to when the hearing will resume.

“The municipality was provided with a copy of the letter from Dr Vatala’s attorneys, together with their submissions. However, this was responded to and refuted by the officer leading evidence. We have made a request to the presiding officer to deal with this matter expeditiously as it is in the interest of the municipality to get it resolved soonest,” said Bezuidenhout.

In the meantime, Knysna municipal workers and representatives of the SA Municipal Workers’ Union (Samwu) picketed outside the municipal offices on Tuesday this week demanding for an update on Vatala’s suspension, among others.

“Why pay for two municipal managers when you have a suspended municipal manager, why is the Vatala case taking so long?” asked Samwu Knysna branch chair Shaun Kralo this week.

In his response at the time, deputy mayor Aubrey Tsengwa said: “The disciplinary hearing of the municipal manager has commenced on 12 May 2020 and it should be noted that this matter is sub judice and therefore no further details can be provided until it is concluded,” he said.

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Source: Knysna Plett Herald News

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