Gantries: Williams gets slap on wrist

A COUNSELLING session – that is the only sanction imposed on Nelson Mandela Bay communications head Roland Williams for contravening a municipal bylaw in 2010 Municipal bosses have also ruled out taking any further disciplinary action against Williams.

This concludes years of accusations, court cases and internal municipal squabbles which saw the city’s chief spin doctor suspended for almost a year on full pay.

Williams was accused of knowingly contravening a municipal bylaw by giving the go-ahead to Century Media to put up four gantries to advertise the Fifa World Cup in 2010.

It was alleged that he had ignored an instruction from the human settlements department not to erect the structures without approved building plans.

The gantries were set up towards the end of the World Cup, but were taken down in May 2011 after the Port Elizabeth High Court found the structures contravened the city’s new bylaws.

Advertising company Tractor Outdoor Eastern Cape took Century Media, five other advertising firms and the municipality to court, alleging the gantries contravened the bylaws. The case cost the metro hundreds of thousands of rands in legal fees.

Last week, councillors who serve on the human resources and corporate administration portfolio committee were informed that apart from the counselling session, Williams was officially off the hook.

In a response to questions from DA councillor Werner Senekal – which appeared in the confidential section of the committee agenda – the municipality states that the decision was made by chief operating officer Mzwake Clay.

“The labour relations subdirectorate provided the current chief operating officer, who is responsible for disciplinary action against Mr Williams, with all the necessary information and assistance prior to the finding of the Labour Court judge,” it said.

“[Clay] applied his mind, having taken into consideration the audit report, suspension and subsequent [lifting] thereof, the legal opinion, time lapse as well as possible financial burden in calling forensic witnesses.

“He further allowed Mr Williams the opportunity to state reasons for his failure to abide by building regulations.

“He [Williams] responded by stating that he believed that he acted in the best interests of the city and the success of the World Cup.

“Furthermore, no evidence exists that Mr Williams benefited financially or in any other way from his actions.

“[Clay] then concluded that it [would] be in the best interests of the metro at this late stage to rather formally counsel Mr Williams and finalise this matter.

“The formal counselling session with Mr Williams can be regarded as disciplinary action and therefore no further disciplinary action may be taken against Mr Williams in terms of the Labour Relations Act.” The matter was not discussed by councillors at Thursday’s meeting.

On Friday, Williams said Clay had instructed him not to respond to a query from The Herald, saying he would do so himself.

Clay said Williams had received counselling “some time ago already”.

“Yes, it was the best option under the circumstances as advised by our labour relations department. Counselling in essence means being given a strong warning and in the event of the offence being repeated in future any sanction would take into account this offence.”

News of Williams’s counselling sanction comes six months after the Port Elizabeth Labour Court ruled that a decision in 2013 to stop disciplinary action against him was mind-boggling and should be set aside.

The judge said a decision to stop disciplinary proceedings against Williams could only be set aside by a court of law and not by an arbitrator.

Williams was suspended in August 2012 pending the outcome of an investigation. He returned to work nearly a year later, in July 2013.

Advocate Peter Kroon, who was representing the municipality at the Labour Court, told the court that while disciplinary proceedings were still pending, Williams had gone to the Bargaining Council to stop proceedings and have his suspension lifted.

Kroon argued that the arbitrator involved did not have the necessary jurisdiction

Judge Edwin Tlhotlhalemaje agreed, and the Bargaining Council decision was set

aside.