Court dismisses municipal manager’s bid to overturn suspension

The Northern Cape High Court has dismissed an urgent application by a municipal manager from the John Taolo Gaetsewe district municipality, Kagisho Klaas Teise, who sought to have his precautionary suspension declared unlawful.

The district municipality has three local municipalities and its three main towns are Kuruman, Kathu and Hotazel.

Teise sought an order that the notice of suspension served upon him dated July 14 be declared unlawful, null and void and set aside, that his purported temporary suspension be set aside and that he be allowed to resume his duties as the municipal manager with immediate effect.

In his founding affidavit, Teise contended that the municipal council’s decision to place him on precautionary suspension, before affording him an opportunity to make representations, was unlawful and affected his right to dignity as a senior officer in the municipality.

Teise, together with two other senior members of the municipality, was arrested by the Hawks on June 29 at his workplace.

According to Teise, the arrest related to the outcome of a competency assessment of one of the unsuccessful applicants for a senior managerial post.

However, the municipality’s speaker said the arrest followed investigations of corruption, fraud, cyber fraud, cyber forgery, uttering and contravention of the Local Government: Municipal Finance Management Act resulting from allegations that Teise unlawfully interfered with recruitment processes.

The criminal case was postponed to August 30 for transfer to the specialised commercial crimes court. Teise and his two colleagues are out on bail of R10,000 each.

After the arrest, mayor Pulane Mogatle-Thoane addressed an email dated July 1 to Teise asking him, as a precautionary measure, to take compulsory leave with immediate effect.

Teise ignored the mayor’s communication and continued to report for work. On July 6, the speaker issued a notice for a special council meeting.

The minutes of July 13 special council meeting noted the arrest and charges against Teise and instructed that he be placed on precautionary suspension with immediate effect, with full-pay, pending the outcome of a disciplinary hearing and/or finalisation of the criminal matter.

The reason was that his continued presence could interfere with investigations, prejudice witnesses and compromise the integrity of the municipality.

Council also said Teise be afforded an opportunity to make written representations within seven working days as to why his precautionary suspension should not be effected, in line with fair labour practice.

Judge Mpho Mamosebo said Regulation 6 of the Local Government: Disciplinary Regulations for Senior Managers allows a municipal council to suspend a senior manager on full pay where there are grounds to believe that the manager’s presence at work could jeopardise an investigation, endanger people or municipal property, harm stability in the municipality, interfere with witnesses or lead to further misconduct.