Durban - The eThekwini Municipality’s suspended head of parks, recreation and culture, Thembinkosi Ngcobo, was never a senior manager.
So says Musa Gumede, the former deputy city manager: community and emergency services.
This was in response to an application Ngcobo has brought before the Durban Labour Court to be reinstated in his position.
In papers Gumede filed on Monday, he said the issues at hand were whether Ngcobo had proved he was a senior manager and whether his suspension was unlawful or not.
If he could not prove he was a senior manager, Gumede said, he could not rely on the disciplinary regulations for senior managers in the Municipal Systems Act - the procedural requirements of which he claimed had not been complied with in his case.
“(Ngcobo) has failed to establish that he concluded a performance agreement with the municipal manager in accordance with the prescripts of the act,” Gumede said.
“At no stage has (he) ever signed and concluded a performance agreement with the city manager or an employment contract complying with (the act)”.
Gumede, who left the employ of the city at the end of July, said Ngcobo was not directly accountable to the city manager.
During Gumede’s time there, he said, he was directly accountable to the city manager and Ngcobo was directly accountable to him.
“My position as the deputy city manager did not confer any authority on (Ngcobo) to be given the designation of a senior manager, either lawfully or factually.
"Nor has the municipal council at any stage consulted with the (city manager) and approved the appointment of (Ngcobo) as a senior manager,” Gumede said.
In his application, Ngcobo had said he was being made to take the fall for a decision taken by the mayor and the city manager, to cancel the social cohesion conference earlier this year.
But Gumede says these allegations are not germane to the current proceedings.
“(They) will be dealt with in due course after the investigations are concluded and if disciplinary proceedings are instituted against (him),” Gumede said.
He said it was “undesirable” to answer to these allegations at this stage, and this was not the appropriate forum.
“(Ngcobo) loses sight of the common cause facts that his suspension is precautionary and finite and is on full pay
"The (city) will determine whether to proceed with disciplinary action arising out of the investigations.
“Due to the fact that the investigation is ongoing, it is premature to make any comments or disclose any of the details until the investigations are finalised,” he said.
Ngcobo was suspended in mid-July.
This was after a high-profile, three-day “social cohesion” event was cancelled at the last minute, resulting in public outcry.
Ngcobo says he should not be held responsible for the cancellation or for the costs incurred.