The civil rights initiative AfriForum has just lodged an application in the North Gauteng High Court today for the review and reversal of a resolution by the Mogalakwena Municipality (Potgietersrus) to reinstate a senior official in his post. The application has been served on the municipality and the mayor.
The official in question was dismissed in 2011 after being found guilty at an internal hearing of 26 charges ranging from fraud to unauthorised expenditure. The official applied several times in the Labour Court to have the disciplinary proceedings halted, but his efforts were unsuccessful. Accordingly, he was dismissed after being found guilty, but was reinstated in his post in November 2011 after a majority decision by council members.
The municipal manager and several council members pointed out to the municipal council that the decision to re-employ the official would be illegal. The Municipal Systems Amendment Act of 2011 prohibits the appointment of senior officials guilty of financial contraventions.
