THE Mogalakwena municipality in Limpopo has filed a notice to oppose an application in the Pretoria High Court challenging the controversial reinstatement of its director for corporate services, Henry Thobejane.
This has paved the way for a bruising legal battle which may also involve the ANC in the Waterberg region, which allegedly ordered the mayor, Esther Mothibi, to convene a special council meeting to reverse the decision of a disciplinary committee to dismiss Thobejane.
The intention to oppose the application brought by Mahwelereng civic leader, Piet Pale, has also further sowed long-standing division between Mothibi and municipal manager Willie Kekana.
Sowetan understands that Mothibi appointed a Polokwane-based firm of attorneys to challenge the application.
But Kekana wrote to the same firm of attorneys warning it that it will not be paid for its services because he, as an accounting officer, did not authorise its appointment.
Municipal spokesman Hendrik Ngoepe yesterday confirmed Kekana had warned the attorneys to desist from acting on behalf of the council.
"In terms of the law, he (Kekana) has to sign all the appointments of service providers. That's why he wrote a letter to them because a proper process was not followed," Ngoepe said.
Mothibi was unable to respond to Sowetan's enquiries. But Thobejane, who is also a second respondent in the matter, confirmed that a notice to oppose the application against his reinstatement had been filed.
Last year, Kekana hauled Thobejane before a disciplinary hearing to face 26 charges that included fraud, theft, gross dishonesty, unauthorised removal and destroying of official documents, dereliction of duties and failure to obey lawful and reasonable instruction.
The disciplinary process was delayed for several months because Thobejane had approached the Labour Court five times in a bid to stop the hearing. The attempts were all dismissed with costs.
Thobejane was later found guilty on all the 26 charges and was subsequently dismissed.
However, the ANC in the Waterberg region instructed Mothibi to convene a special council meeting to overturn the findings of the disciplinary committee. Thobejane was later reinstated.
His reinstatement is being challenged by Pale in the Pretoria High Court.
Mogalakwena reinstatement row in court
THE Mogalakwena municipality in Limpopo has filed a notice to oppose an application in the Pretoria High Court challenging the controversial reinstatement of its director for corporate services, Henry Thobejane.
This has paved the way for a bruising legal battle which may also involve the ANC in the Waterberg region, which allegedly ordered the mayor, Esther Mothibi, to convene a special council meeting to reverse the decision of a disciplinary committee to dismiss Thobejane.
The intention to oppose the application brought by Mahwelereng civic leader, Piet Pale, has also further sowed long-standing division between Mothibi and municipal manager Willie Kekana.
Sowetan understands that Mothibi appointed a Polokwane-based firm of attorneys to challenge the application.
But Kekana wrote to the same firm of attorneys warning it that it will not be paid for its services because he, as an accounting officer, did not authorise its appointment.
Municipal spokesman Hendrik Ngoepe yesterday confirmed Kekana had warned the attorneys to desist from acting on behalf of the council.
"In terms of the law, he (Kekana) has to sign all the appointments of service providers. That's why he wrote a letter to them because a proper process was not followed," Ngoepe said.
Mothibi was unable to respond to Sowetan's enquiries. But Thobejane, who is also a second respondent in the matter, confirmed that a notice to oppose the application against his reinstatement had been filed.
Last year, Kekana hauled Thobejane before a disciplinary hearing to face 26 charges that included fraud, theft, gross dishonesty, unauthorised removal and destroying of official documents, dereliction of duties and failure to obey lawful and reasonable instruction.
The disciplinary process was delayed for several months because Thobejane had approached the Labour Court five times in a bid to stop the hearing. The attempts were all dismissed with costs.
Thobejane was later found guilty on all the 26 charges and was subsequently dismissed.
However, the ANC in the Waterberg region instructed Mothibi to convene a special council meeting to overturn the findings of the disciplinary committee. Thobejane was later reinstated.
His reinstatement is being challenged by Pale in the Pretoria High Court.
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