Durban — EThekwini Municipality speaker Thabani Nyawose and City manager Musa Mbhele could be in hot water for being in contempt of court after they allowed the presentation of a report which was interdicted by the court.
Last week, on August 10, the Labour Court ruled that the city could not take action against Human Capital deputy City manager Kim Makhathini based on the supplementary report, which found that she committed fraud by presenting a fraudulent qualification when she was employed in 2021.
The matter was set for August 25 for review, but despite the court order, the speaker allowed the tabling of the report “thereby undermining the law”.
This angered opposition in the City, who have called for action against the speaker for misleading the council. Although the matter was discussed in-committee (closed meeting), councillors confirmed that the matter was tabled and the item was on the agenda.
On learning about the order, African Democratic Change (ADeC) leader Visvin Reddy said it was a clear indication that there were people in the city hell-bent on getting Makhathini, using unlawful means. He called for action against the speaker and all the officials who knew about the order.
“ADeC wishes to bring to the attention of the public an illegal and underhanded action taken by the eThekwini Municipality in the matter involving the official, Ms Kim Makathini, who was implicated in alleged fraudulent qualifications. The municipality appointed advocate Jabu Thobekile-Mkhulisi to investigate the matter, and these findings were subsequently challenged by the municipal official concerned, Ms Makathini.
“The Labour Court ruling on August 10, 2023, interdicted and restrained the eThekwini municipality from acting on these findings until the matter was properly vented in the Part B application. The order was served to the City manager on the same day,” said Reddy.
He added that this action by the City manager was “reckless”. He called on the mayor and the executive committee to intervene urgently and set aside any decisions taken by the council in respect of the Makhathini matter or face being incriminated in possible legal challenges.
The DA also called for the speaker to be held responsible for misleading the council.
DA caucus leader Thabani Mthethwa said his party was not aware of the court order until some ANC councillors raised the issue of its existence.
“Our expectation is that if the speaker, as the chairperson of the council, was aware, he should have informed the meeting when the item was tabled and not wait until he was questioned about it.
“The head of legal advised that the order doesn’t stop the council from proceeding with the item. Even though the DA has not seen the order, should it be found that the council is in violation of the order, the speaker, the city manager and the head of legal should be held responsible,” said Mthethwa.
The IFP’s Mdu Nkosi also lambasted the speaker, saying as the chairperson of the meeting, he misled the council if there was a court order.
Makhathini’s attorney, Kathy James, said it was clear that the council violated the court order.
Approached for comment, the Municipality spokesperson, Gugu Sisilana, said the city does not discuss employee and employer matters with a third party
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