MOGALAKWENA municipality in Mokopane, Limpopo, is facing legal action over the re-instatement of a senior official who was dismissed after being found guilty on several charges.
This follows allegations that the decision to re-instate the official was as per an instruction by the ANC.
The council has been dragged to the Pretoria High Court over the reinstatement following allegations that the official was found guilty on 26 different charges.
The papers filed with the court by Mahwelereng civic leader Piet Pale show that the ANC in the Waterberg region wrote to mayor Esther Mothibi, instructing her to convene a special council meeting to reverse the disciplinary hearing's findings and re-instate municipal director for corporate services, Henry Thobejane.
Pale seeks an order to set aside the resolution by the council to re-instate Thobejane because "it fails to pass the test of rationality and reasonableness".
Municipal manager Willie Kekana yesterday confirmed that the municipality had been served with papers but said he was "not sure whether the mayor or the speaker will oppose the matter".
A year ago, Thobejane was suspended on full pay pending the findings of an investigation into allegations of misconduct.
He was later informed of a decision to institute a disciplinary hearing against him.
Thobejane was charged with, among others, fraud, theft, gross dishonesty, dereliction of duties, unofficial removal of official documents and destroying official information, financial misconduct and failure to carry out lawful instructions.
However, the disciplinary hearing was delayed for several months as Thobejane had approached the Labour Court seeking an order to set aside the decision by the municipality to charge him.
The Labour Court dismissed his application with costs.
The hearing, chaired by Advocate AP Laka, then heard his case, which subsequently found him guilty on all 26 charges and recommended that he be dismissed with immediate effect.
A month later, the ANC instructed the mayor to disregard a "directive" and that Thobejane's suspension be lifted unconditionally and that disciplinary processes against him be stopped.
Legal battle looms over sacked official
MOGALAKWENA municipality in Mokopane, Limpopo, is facing legal action over the re-instatement of a senior official who was dismissed after being found guilty on several charges.
This follows allegations that the decision to re-instate the official was as per an instruction by the ANC.
The council has been dragged to the Pretoria High Court over the reinstatement following allegations that the official was found guilty on 26 different charges.
The papers filed with the court by Mahwelereng civic leader Piet Pale show that the ANC in the Waterberg region wrote to mayor Esther Mothibi, instructing her to convene a special council meeting to reverse the disciplinary hearing's findings and re-instate municipal director for corporate services, Henry Thobejane.
Pale seeks an order to set aside the resolution by the council to re-instate Thobejane because "it fails to pass the test of rationality and reasonableness".
Municipal manager Willie Kekana yesterday confirmed that the municipality had been served with papers but said he was "not sure whether the mayor or the speaker will oppose the matter".
A year ago, Thobejane was suspended on full pay pending the findings of an investigation into allegations of misconduct.
He was later informed of a decision to institute a disciplinary hearing against him.
Thobejane was charged with, among others, fraud, theft, gross dishonesty, dereliction of duties, unofficial removal of official documents and destroying official information, financial misconduct and failure to carry out lawful instructions.
However, the disciplinary hearing was delayed for several months as Thobejane had approached the Labour Court seeking an order to set aside the decision by the municipality to charge him.
The Labour Court dismissed his application with costs.
The hearing, chaired by Advocate AP Laka, then heard his case, which subsequently found him guilty on all 26 charges and recommended that he be dismissed with immediate effect.
A month later, the ANC instructed the mayor to disregard a "directive" and that Thobejane's suspension be lifted unconditionally and that disciplinary processes against him be stopped.
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