Suspended Msunduzi MM seeks urgent ban to get his job back

Suspended Msunduzi manager Lulamile Mapholoba is going to the High Court seeking an urgent ban on getting his job back after the mayor told him to stay at home pending the outcome of the disciplinary case against him.

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Maholoba returned to work briefly on Tuesday and Wednesday after the Durban Labor Court recently ruled that his suspension in February was unlawful.

However, on Tuesday he was informed of the council’s decision to suspend him again.

On Wednesday, Mayor Mzimkhulu Thebolla stressed that Mapholoba remains suspended in accordance with the recent council decision based on a report submitted by Thebolla based on the findings of an independent investigator.

The investigator found that Mapholoba had allegedly committed several violations that endangered the community.

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At Wednesday’s press conference, Thebolla said the Labor Court ruling had been noted, but the decision to suspend would stand as concerns about the initial suspension had been “fully acknowledged” by the council at its meeting on May 2.

“Significantly, Council’s confirmation and ratification of the suspension occurred only after the full correspondence and documentation relating to the Municipal Manager’s suspension, including the Municipal Manager’s written statements, had been submitted to the Council for its own review.”

After reviewing these documents, the Council essentially concluded that the suspension of the municipal manager was justified and consequently confirmed and ratified the decision to suspend him. This means that the suspension of the municipal manager was carried out in full accordance with the disciplinary rules.

Asked whether there was any concern about taking action on a matter whose judgment has been reserved by a judge, Thebolla said:

“We leave the reserved judgment of the labor court to the lawyers and respect the confidentiality of the employer-employee relationship.”

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Maholoba said he would challenge the council decision, adding that the report submitted to the council had not been made available to him for inspection.

I will not return (to work) until the Supreme Court resolves this situation. I have instructed my lawyers to file an urgent injunction and the outcome will determine my next step regarding returning to work.Msu

He is suspended with full pay.