The Thohoyandou division of the High Court ordered the Thulamela Municipality on Tuesday to provide documents and the reasons why it had not acted and suspended its municipal manager, Mr Hlengani Maluleke, in line with the recommendation of a disciplinary committee.
Maluleke is one of the people caught in the aftermath of the VBS scandal for having approved the municipality's R30 million investment in the now-liquidated bank. A disciplinary hearing was eventually held on 26 July where Maluleke was charged with gross dishonesty, gross misconduct, or alternatively gross negligence. Prior to the hearing's taking place, a plea agreement was concluded between the municipality and the municipal manager.
Despite the plea agreement, in which Maluleke pleaded guilty to all seven charges, the hearing continued, with Maluleke opting to represent himself. As a mitigating factor, Maluleke was portrayed as having a clean record at the municipality and, under his leadership, Thulamela had received unqualified audit reports. He also indicated that he had approved the investment at VBS after political pressure had been exerted.
The plea agreement suggested that Maluleke receive a written warning, which will be kept on his file for a period of six months. This agreement, however, was not automatically accepted by the chairperson of the hearing. He pointed out that Maluleke had been aware that his actions were in contravention of legislation, and he had been warned about this.
The chairperson of the disciplinary committee had the difficult task of deciding when the employer clearly did not seem in favour of a dismissal. He felt, however, that a recommendation that Maluleke be dismissed was the correct one.
When the Thulamela failed to act on this directive, the SA Youth Council (SAYC), a non-profit organisation, intervened and applied pressure to have Maluleke dismissed. The SAYC eventually resorted to approaching the courts to get the disciplinary hearing's finding put into practice.
The attorney for the SAYC, Mr Clarence Mangena, said that the court had requested certain documents to be able to review the matter. The records requested by the court include:
1. A copy of the plea agreement between the municipality and the municipal manager and any information considered by the first respondent in concluding the plea agreement at the disciplinary hearing;
2. A copy of the report with the allegations of misconduct;
3. A copy of the report that recommended disciplinary action;
4. A copy of the charge sheet and any other documentary evidence on the issue of misconduct; and
5. Letters or reports on the outcome of the disciplinary hearing as required by Local Government Disciplinary Regulations.
The chairperson of the SAYC in Thulamela, Mr Sibusiso Ramakuela, said that they were satisfied with the decision of the High Court. "We have been reliably informed that the municipality didn't want to remove Maluleke. We will mobilise church leaders, communities and some political activists involved in fighting corruption and maladministration," said Ramakuela.