EThewini Mayor Zandile Gumede has slapped incumbent city manager S’bu Sithole with a letter instructing him to take “compulsory leave” until his contract ends on December 31.
The letter, delivered to Sithole on Monday, makes another thing clear. Sithole did not get the job he reapplied for.
On Tuesday, Sithole confirmed he had received a letter which had asked him to leave his position with “immediate effect”.
“I can confirm receipt of the letter from the mayor instructing me to take compulsory leave. I have since responded advising the mayor to the contrary. I don’t believe that our legal section had anything to do with the letter because they would have picked up the number of shortcomings in it.”
Sithole said he was concerned proper processes had not been followed in asking him to leave two weeks before time.
“I advised her that such decisions were for the council to take. I’m still the accounting officer and I believe the letter has no legal basis,” said Sithole.
When Gumede took over, inheriting Sithole who was appointed by former mayor James Nxumalo, the new mayor set up a “crack team” which Sithole was against.
He was reported to have instructed his managers and staff not to co-operate with the team. However, he does not believe this led to his early exit.
“I believe I resolved that issue with the mayor after having a one-on-one chat with her to explain my reservations.
“I am very clear on what the law provides for and I am also clear that when council is in recess, no one can take decisions except the municipal manager in consultation with the mayor,” he said.
On Tuesday, the DA wrote to Gumede and asked her to reverse the letter that was sent to Sithole by 4pm today.
DA provincial leader Zwakele Mncwango said Gumede had no power to suspend or place on compulsory leave any official unilaterally; let alone the city manager.
“The mayor may only request council to do so, and in this case, no such request to council has been made. If this flawed process is not reversed, we will have no option but to take further legal steps against it,” said Mncwango.
He said the matter had been brought to his attention by the DA’s chief whip Sharon Chetty.
“The mayor wants to run council like her spaza shop and we will not allow such dictatorial acts.
“It is alarming that the mayor can take such decisions during recess in a clear attempt to subvert council.
“This begs the question: what is it that the mayor is planning to do, without the oversight of the city manager, during this period that she has sent him packing unlawfully?
“Ordinary procedure would force her to consult the city manager for making any decision she may take during the recess period, but with him gone, the mayor could have free reign to do as she pleases with the finances of the city,” said Mncwango.
Mncwango is concerned about Sithole taking legal action against the city if he thought his application for his term to be extended was prejudiced.
During the last full council seating last week, the council took an unprecedented move and gave Gumede authority to take decisions on any matters “deemed urgent” while the council was in recess from December 8 to January 9.
NFP council member, Bonginkosi Ngiba, said it was generally accepted that Sithole would complete his term this month, with an acting person being appointed next month.
“This was not to be because now the mayor, in light of that the powers bestowed on her, sees an opportunity to push ahead any tenders that Sithole’s presence would have delayed during his stay in December.
“It is clear that Sithole has been a stumbling block in signing certain contracts. That is probably why he was bulldozed before his term ended,” said Ngiba.
The IFPs Mdu Nkosi alleged that this could be Gumede’s way of “pushing ahead” with certain tenders which would have otherwise not been signed in Sithole’s presence.
eThekwini spokeswoman Tozi Mthethwa said: “A contract of a Section 57 employee is not a permanent post the city does not discuss internal matters with a third party as these are confidential between the employer and concerned employee”.