Judge said eThekwini Municipality exceeded its legal authority in dismissing investigator linked to Zandile Gumede corruption case
Former mayor of eThekwini Zandile Gumede with her supporters.
Image: Nomonde Zondi
The Labour Court ordered that the eThekwini Municipality reinstate an investigator belonging to its investigations unit, City Integrity and Investigations (CIIU), after the entity dismissed him in December 2024.
The basis of municipality's move to dismiss the investigator was due to alleged misconduct connected to a forensic company, contracted by CIIU to investigate a corruption matter that has former Mayor Zandile Gumede as the kingpin and currently playing out in the Durban High Court.
The investigator cannot be named as he is a State witness in Durban Solid Waste R320 million fraud trial. The media is prohibited from naming State witnesses in Gumede's trial.
The investigator sought several forms of relief, including the declaration that all decisions from the unauthorised disciplinary process by the municipality be rendered invalid, reinstatement to his previous position, and compensation for legal expenses.
Judge Benita Whitcher found that the municipality conducted an unauthorised disciplinary process. In May 2024, the investigator received a disciplinary notice regarding alleged misconduct connected to the contract of forensic company Integrity Forensic Solutions CC (IFS).
IFS were the lead investigators in the DSW matter.
Prior to his labour Court application, the The employee also he applied to the South African Local Government Bargaining Council (SALGBC) under Section 188A of the Labour Relations Act for their intervention.
He requested that an independent arbitrator handle the disciplinary proceedings instead of the municipality-led internal process.
“The SALGBC ruled twice in the investigator's favour, issuing decisions on June 5, 2024, and December 3, 2024, that confirmed the matter should proceed as a pre-dismissal arbitration,” the judge said.
Judge Whitcher said the municipality proceeded with its internal hearing despite the SALGBC directives, with Sbonelo Mchunu as the chairperson and Bokang Molefe as the initiator. In the matter before the Labour Court, the municipality was the first respondent, with Mchunu and Molefe also listed as respondents.
The municipality's internal hearing commenced on December 11, 2024, and continued through to December 13, 2024.
On December 11, 2024, the investigator filed an urgent court application to stop the proceedings.
Despite the court application and the SALGBC's authority, Mchunu and the municipality ignored both, with Mchunu refusing to acknowledge the arbitration council's rulings.
Following the city's hearing, the the municipality fired the investigator on December 13, which prompted him to launch review proceedings, and challenge the legality of the entire disciplinary process. The investigator argued that the municipality had acted without lawful authority by disregarding the SALGBC's jurisdiction.
She stated that the municipality exceeded its legal authority once the SALGBC had assumed jurisdiction over the matter.
“The respondents’ refusal to recognise the arbitration council's authority rendered the entire internal disciplinary process legally meaningless,” Judge Whitcher stated.
Judge Whitcher set aside Mchunu's December 2024 dismissal decision, and declared it null and void. She said the disciplinary process was conducted without lawful authority.
“He must tender his services to the municipality by August 18, 2025, while the eThekwini Municipality bears responsibility for his legal costs,” Whitcher ordered.