Merafong’s legal incompetence continues to cost taxpayers millions

Issued by Cllr Carl Steenekamp – DA Whip in Merafong Local Municipality
04 Sep 2024 in Press Statements

The Democratic Alliance (DA) in Merafong is deeply concerned about the ongoing legal battles that have drained millions from the already cash-strapped Merafong City Local Municipality. The most recent case involving the termination of employment of former Human Resources (HR) Manager, Ms Nonceba Mbilini, is yet another glaring example of the municipality’s mismanagement and disregard for the well-being of our community.

The situation has escalated to the point where the local Sheriff of the Court has been forced to attach the municipality’s assets to pay the mounting legal costs owed to Ms Mbilini. This shocking development comes on the heels of repeated failures by the municipality’s leadership, who continue to bungle legal matters at the expense of the ratepayers.

This is the direct result of management failing to follow the correct procedures for terminating employment. The Labour Relations Act (LRA) was not properly adhered to, and there was no thorough investigation or disciplinary process conducted before the termination.

Despite instructions by Public Protector Advocate Kholeka Gcaleka in September last year to address the alleged lack of qualifications held by Ms Mbilini, the municipality’s leadership fumbled, leading to costly legal consequences on the backs of the ratepayers. Now, the Labour Court has ordered the municipality to pay Ms Mbilini’s legal expenses and eight months’ salary – a financial blow that Merafong cannot afford.

Ms Mbilini can also not be reinstated to her former position because she is simply unqualified. If necessary, the municipality would have to reassign her to a role that matches her current qualifications in the interim, further complicating an already mismanaged situation.

This reckless use of public funds is unacceptable. The DA demands immediate accountability from the Merafong City Local Municipality. It is time for the municipality’s leadership to put an end to their wasteful legal battles, act within the confinements of the LRA and other legislation and focus on the critical services that ought to be delivered to the Merafong community. The leadership must act swiftly to rectify this mess, beginning with a thorough audit of its legal and human resources processes.

To ensure that these issues receive the attention they deserve, the DA will escalate this matter to the Gauteng Provincial Legislature. Ina Cilliers MPL will table questions to the Cooperative Governance and Traditional Affairs (COGTA) department to seek clarity on the Provincial Government’s oversight of this situation and demand intervention to prevent further financial haemorrhaging.

DA will continue to fight for transparency and responsible management of public funds in our Municipality.