Three senior managers from the KwaDukuza Local Municipality have faced legal setbacks in their attempts to overturn precautionary suspensions.
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Three senior managers in the KwaDukuza Local Municipality have failed in their bid to challenge their precautionary suspensions.
The Labour Court has twice dismissed urgent applications brought by the managers. Among those suspended is municipal manager Nhlanhla Mdakane.
The three were placed on precautionary suspension during a special in-committee council meeting held on February 13.
This action followed a Section 106 forensic investigation initiated by the KZN MEC for Cooperative Governance and Traditional Affairs into allegations of maladministration and governance failures.
Following their suspensions, the three officials approached the Labour Court on an urgent basis. Their first application was struck from the roll due to defects in the papers filed with the court.
A second urgent application was dismissed with costs by the Labour Court for lack of urgency. The court further ordered the senior managers to pay the municipality’s legal costs.
According to the municipality, the forensic report, which was brought before the municipal council in-committee, detailed several findings concerning governance, administrative, and financial management practices.
Mayor Siduduzo Gumede said these findings included weaknesses in certain internal control systems, issues with procurement and contract management processes, lapses in aspects of project implementation and oversight and concerns relating to the safeguarding of municipal resources.
"The report included several recommendations to address these issues, such as strengthening governance and internal control systems, implementing corrective administrative measures, and instituting disciplinary processes for three senior officials," Gumede said. The report also made recommendations regarding certain councillors, which the municipality confirmed will be addressed through applicable statutory processes.
The municipality said the council has since adopted an action plan to ensure corrective measures are implemented. This plan provides for improving financial oversight, implementing management interventions, and instituting disciplinary processes where appropriate.
Mayor Gumede emphasised that the suspensions do not constitute findings of guilt but were implemented to allow investigations to proceed in an "orderly and unhindered manner."
"The municipality emphasises that the implementation of the action plan is not only at addressing individual accountability but at strengthening institutional systems and governance processes to ensure that similar instances do not arise in the future," said Gumede.
The disciplinary processes relating to the officials will now proceed in accordance with the regulatory framework governing senior managers in local government.
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