Durban - Msunduzi’s internal audit manager, who claims he was suspended after he lifted the lid on irregular transactions in the municipality involving the senior management, has failed to convince a court that he should be back on the job.
Petrus Mahlaba had applied to the Durban Labour Court to be allowed to return to work as he alleged that his suspension was due to an internal audit investigation in which senior official Boniwe Zulu had been implicated.
His court case was recently dismissed with costs.
Zulu suspended Mahlaba in April 2016, one month after she had been appointed as acting municipal manager.
Mahlaba had been suspended for allegedly failing to co-operate with an independent investigation, commissioned by the provincial department of Co-operative Governance and Traditional Affairs into irregularities within the municipality.
He had allegedly failed to comply with a subpoena to produce documents that were required by the investigators.
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According to correspondence referred to in the court’s judgment, in the suspension letter Zulu said that Mahlaba’s failure to comply with the investigators’ requests was “unacceptable, inexcusable” and would not be tolerated.
The judge said Mahlaba responded to Zulu and in a detailed reply and subsequent e-mailed correspondence had explained that he was willing to co-operate with investigators but was having problems finding some of the required documents.
Mahlaba said he was suspended in April 2016 in “exceptional circumstances” as his audit team had filed an investigation report that same month in which recommendations were made for some officials to be charged with misconduct.
Among them was Zulu.
The report allegedly related to overpayment of security contracts.
Mahlaba also raised technical legal issues related to the serving of the subpoena being unlawful and that Zulu had not consulted the audit committee as required by the legislation before his suspension.
Judge Benita Whitcher said she could find no merit in either Mahlaba’s legal challenges or allegations about Zulu’s motives for suspending him.
She said Mahlaba had failed to convince the court with evidence that Zulu had used her suspension powers for “ulterior purposes”.
She said that while it was questionable that Mahlaba was suspended soon after an internal audit report that had recommended disciplinary action against Zulu, it was not enough evidence to satisfy the court.
“While there are a number of aspects in this case which bring into question the fairness of the suspension, I find no merit in the challenge.”
THE MERCURY