Axed eThekwini Municipality head of parks, recreation and cemeteries Thembinkosi Ngcobo is expected to file papers in the Labour Court to challenge his dismissal.
Durban - Axed head of parks, recreation and cemeteries at the eThekwini Municipality, Thembinkosi Ngcobo is expected to file papers in the Durban Labour Court today to challenge his dismissal.
Last month, the SA Local Government Bargaining Council found Ngcobo found guilty of misconduct, which led to his dismissal.
He was found guilty for failing to report his staff who fraudulently paid R140 000 in 2015 to a businessman who had not conducted work for the municipality.
Ngcobo on Thursday told the Daily News that the presiding officer in his disciplinary hearing had ignored important facts presented to her.
“The service provider, together with the municipal employee who colluded to defraud the municipality, falsely claimed at the hearing that the alleged meeting took place in October 2015 after receiving payment, but it is impossible for this to be true, because they only received payment in November 2015,” Ngcobo said.
He claimed the presiding officer got the information wrong.
“The presiding officer completely ignored the documented evidence that the payment was made way after November, and therefore, it is impossible for the versions of (the service provider) and the municipal employee to hold true.”
Ngcobo’s matter was heard by the bargaining council in April and last month.
The council found that he failed to perform oversight by not reporting the transaction to the relevant authorities, even though the businessman had informed him that he had not conducted work for the municipality.
The money was for the service provider who had supplied a sound system, marquee and other related services for a beach festival event in 2015.
Instead of paying the service provider, Ngcobo’s staff, according to the council findings, called the businessman and asked him to submit his invoice and eventually paid him.
Ngcobo was found guilty of violating the Prevention and Combating of Corrupt Activities Act by failing to report fraudulent transactions allegedly made by staff in his department.
“The municipality erred in its finding that I violated this act by not reporting the alleged ’tip-off’ by the self-confessed fraudster.”
He said it was impossible for him to report a matter that he did not know about, to the police.
“The allegations are nothing but a fabrication.”
Ngcobo was confident the court would rule in his favour.
He said at the hearing, he denied knowing the service provider, or its director and added that he presented facts to prove this.
“I also denied ever meeting with the service provider – the evidence that the presiding officer ignored.”
Ngcobo claimed this case formed part of a series of unsuccessful attempts to remove him from the city at all costs and that it was “instigated by those whose ulterior motives and unlawful strategies had been frustrated by my refusal to play along with their schemes”.
Municipality spokesperson Mandla Nsele said he could not comment, but would wait for the court papers to be filed.
“The matter will then be sub judice and we will then only comment once it has been settled,” he said.
Ngcobo's dismissal was welcomed by the opposition parties in the metro.
Daily News