Fired metro police chief wants job back

Former Nelson Mandela Bay metro police chief Pinkie Mathabathe wants her job back.

Almost two months after she was fired by the municipality, Mathabathe has turned to the Johannesburg Labour Court in the hope it will set aside the metro’s decision.

Not only does she believe she was dismissed unfairly, she also claims she did not have a fair disciplinary hearing and was not given a month’s notice that her contract would be terminated.

Her bid to have the termination of her contract declared unlawful was argued in the Labour Court in Braamfontein on Thursday and judgment was reserved.

Mathabathe was fired for alleged under-performance and failure to declare a second income, which she had received as a non-executive director of the Road Traffic Management Corporation for attending meetings.

Mathabathe’s lawyers argued in court papers that the chairperson presiding over her disciplinary hearing – a part-time commissioner of the CCMA – was biased towards the municipality.

Her legal team, which took on her case pro bono, said in the court papers that she had been notified on April 4, while she was on sick leave, that she should attend her hearing on April 12 and 13.

Her attempts to have it postponed were unsuccessful, which led to the chairperson ruling that the municipality and Mathabathe should give written submissions.

This meant she could not crossexamine the municipality’s witnesses and thus properly defend herself.

Mathabathe’s attorney, Cinga Nohaji, said: “Her dismissal was unfair as it fell foul of what her contract guaranteed.

“For example, her contract guarantees her a right to a fair hearing, notice prior to termination, etc, all of which she was arbitrarily deprived of in the hearing.”

Asked if Mathabathe wanted her job back, Nohaji said: “Indeed, she does.”

He believed that legally and factually they had a strong enough case.

Acting city boss Johann Mettler said yesterday the municipality was confident it had followed all the due processes in handling the disciplinary case.

“Ms Mathabathe’s application for reinstatement was argued on July 21,” he said.

“[Judge Andre] van Niekerk reserved judgment and we expect [a ruling] shortly.

“The municipality is confident of its case in that we have followed due process as both parties were given sufficient time and opportunity to state their case at the original disciplinary hearing.”

The metro was, in the meantime, shortlisting candidates to replace Mathabathe.

Before being fired, Mathabathe – who was hired in February 2014 – had been on special leave since March, a couple of months before the metro police force was officially launched, a process she would have spearheaded.

Safety and security official Shadrack Sibiya is acting in the metro police chief position.