'Vulgar' war between mayor and managers heads to CCMA

Dr Kenneth Kaunda District Municipality mayor Nikiwe Num

Dr Kenneth Kaunda District Municipality mayor Nikiwe Num

Published Jan 30, 2023

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Johannesburg - A dispute between a North West mayor and two of her senior managers is far from over, with the parties accusing each other of not following due processes.

The fight began when the managers officially requested that the Dr Kenneth Kaunda District Municipality investigate mayor Nikiwe Num. This was after allegations the mayor insulted the two senior managers, Seshego Abrams and Abe Metswamere, and made a crude reference to their parents’ genitals. This allegedly happened during a staff meeting on July 27 last year.

On September 12, the two referred the matter to the municipal speaker and municipal manager, requesting an investigation. Municipality spokesperson Xolile Mndaweni said the municipality was probing the matter through independent attorneys. He said the investigations were at an advanced stage.

However, those close to the two senior managers claim nothing has happened. They said this was because the speaker, Christopher Nxozana, and municipal manager, Mokgatlhe Ratlhogo, want to protect Num.

The matter is currently before the Commission for Conciliation, Mediation and Arbitration (CCMA), where Abrams and Metswamere opened a case of harassment against Num. Num's sympathisers claimed that the complainants were on a campaign to get everyone's attention, instead of focusing on resolving the matter.

The two managers also wrote to the Presidency, the South African Local Government Association, the Department of Cooperative Governance and Traditional Affairs (Cogta), and the ANC in North West, calling on these institutions to intervene.

The complainants said nothing had been done and accused the speaker and the municipal manager of wanting to sweep the matter under the carpet. According to a source who declined to be named, the two senior managers had become “persona non grata” in the municipality after asking for the investigation, and they have been dubbed "rogue and disrespectful".

The source said the last time the two senior managers attended council meetings in person was at the beginning of December last year. The two had opted to attend council meetings virtually. The complainants’ legal representatives, Thabang Ntshele Attorneys, had told the municipality they would not attend meetings where Num was present because their complaint had resulted in them “having anxiety attacks, especially in meetings when they are meant to meet Num".

On Thursday, the two managers were removed from the council’s Zoom platforms. Sources said this was an attempt to have them attend the council meetings in person, so they could face the mayor. Mndaweni said a decision that all senior managers must attend council meetings in person was taken at the previous council meeting.

“The online platform during the council meetings is only to accommodate councillors. Secondly, when the speaker approved the notice for today’s (Thursday) sitting, an instruction was given that the session should be physical and will not be hybrid.”

He denied that Nxozana and Ratlhogo had done nothing about the matter in order to protect Num. He said such a statement was an attempt to cast doubt on the process of the council.

“Based on simple logic, as cited earlier, the municipal manager has really limited jurisdiction on the matter and therefore can hardly influence the process. Secondly, even though the speaker is tasked to lead the probe, the practical work is done by independent external professionals, and the report they produce will still have to undergo rigorous scrutiny by the council for decision,” said Mndaweni.

He said when the matter came to their attention last year, Nxozana had immediately launched an investigation. He said several interviews, including with witnesses and affected and interested parties, had been carried out by external lawyers. “The investigations are progressing well with all affected parties cooperating with investigators.”

Salga distanced itself from the matter, saying the municipality, under the guidance of Nxozana, was busy with an internal investigation into the matter.

Those sympathising with Num said the matter could have long been resolved, but Abrams and Metswamere were not interested in doing so. The sources said the two were requested to put their allegations in affidavits so the mayor could respond in writing, but they had refused.

“It is not true that nothing has been done about this matter. The speaker sent a letter to the mayor requesting her to respond to the allegations. The mayor requested legal assistance to respond to the speaker’s investigation and the appointment was only done on December 22, which was a day before the deadline that the speaker had given the mayor to respond. They are unable to put the allegations in an affidavit because they were hearsay. They were not present in the meeting on that day.”

Abrams and Metswamere denied they had refused to put their allegations in affidavits. They said they had requested the interviews with the lawyers be formalised.

“We have since directed them to our legal representative for guidance,” they said.

Sunday Independent