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Emfuleni CFO prevented from returning to work despite conclusion of disciplinary case


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Emfuleni CFO prevented from returning to work despite conclusion of disciplinary case

16th May 2023

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/ MEDIA STATEMENT / The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

Emfuleni Local Municipality Chief Financial Officer (CFO), Mr A Dyakala’s disciplinary hearing has been concluded and he is meant to return to work. However, he is being prevented from doing this by Emfuleni Municipal Manager. In a video seen by the DA, the CFO was forcefully removed from his office last week.

The municipality is going to court to fight against the reinstatement of the Chief Financial Officer, which will cost it more money instead of focusing on service delivery.

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To date, Emfuleni has paid the CFO R1 614 747,00 to sit at home since the suspension, despite his willingness to return to work and perform his duties.

Furthermore, the following amounts have been paid in legal fees:
• Rasekgoete Attorneys: R1 046 363,68
• Adv Zola Majavu: R826 490,76
• Raphela Attorneys: R2 407 474,07 (For appearing once at the CCMA and once at the Bargaining Council)
• Raphela Attorneys: R574 285,51 (Legal Opinions)
• Raphela Attorneys: R2075 562, 07 (For appearing twice at the Labour Court/High Court)
• Cost recovered from the CFO: R450 570, 24

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The Commission for Conciliation, Mediation and Arbitration (CCMA) ruled that the suspension of the CFO ended on 25 August 2022 when the disciplinary hearing was concluded and should therefore return to work. Furthermore, the council did not take a decision to extend the suspension.

Even though this matter has been taken to the Labour Court on appeal, there is no court date set. The fact that there is no court date yet means that the lifting of the suspension stands.

It is unacceptable that our residents continue to suffer due to a lack of service delivery while hundreds of thousands of rands are spent on paying a CFO to sit at home.

The DA demands a review of the work being done by this appointed law firm to determine whether they are suitable for this matter which has prolonged and continues to milk the municipality’s coffers.

The DA will continue to put pressure on the Gauteng Premier Panyaza Lesufi and the Gauteng MEC for Cooperative Governance and Traditional Affairs (COGTA) to resolve service delivery issues in this municipality and put an end to this CFO issue.

 

Issued by Kingsol Chabalala MPL - DA Political Head for Emfuleni North

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