Gray Moodliar is handling several disciplinary matters on behalf of the Nelson Mandela Bay municipality.
These include internal hearings and those currently in arbitration, while it has taken some matters lost at the SA Local Government Bargaining Council on review to the Labour Court.
Suspended officials before a disciplinary panel:
● Mvuleni Mapu: The director of housing delivery was suspended in 2015 for allegedly authorising the construction of houses at Rosedale and Wells Estate prior to a funding agreement in place with the Eastern Cape department of human settlements. The case has been delayed several times as Mapu was on sick leave.
● Bonnie Chan: The director of internal audit was suspended at the beginning of 2018 for allegedly wrongfully interfering with or attempting to interfere with the investigation into the tender awarded to probe Mohlaleng Media. She is also accused of gross insubordination. Her hearing has been held in abeyance as she has been booked off sick.
● Werner Wiehart: The chief forensic auditor was suspended on charges of dishonesty for not disclosing to investigators that he mirror-imaged a computer, which could have assisted in the probe into Mohlaleng Media.
He was also accused of trying to influence an investigation and accessing e-mail accounts and computers of municipal officials for other reasons not related to his duties. His case was postponed after the municipality instructed that disciplinary matters be halted.
Cases before the SA Local Government Bargaining Council:
● Mod Ndoyana: The ex-corporate services boss was fired on a host of charges, alleged irregularities, gross negligence, dishonesty and misleading the council. He referred the case to the bargaining council, citing unfair dismissal.
● Ndimphiwe Mantyontya: The former director of supply chain is fighting his dismissal, saying it was unfair. He was fired for allegedly accepting a gift or reward from a service provider on the municipality’s database without declaring it.
● Chris Jamda: The ex-director of human resources was fired on a charge of misconduct for allegedly trying to reinstate his father-in-law after he had already retired. Jamda is challenging the decision at the bargaining council. The case will be heard on February 4.
Review applications to the Labour Court:
● Pinkie Mathabathe: The former metro police chief was fired for not disclosing a second income. She was granted condonation by the bargaining council for her late referral of her second dispute to the bargaining council. The municipality started proceedings to challenge that decision in court.
● Sox Nkanjeni: The former contracts controller in the supply chain management department was fired for allegedly sending confidential information about a tender to his personal e-mail address which was then forwarded to a third party.
He was also accused of using his position for personal gain in that he lived in a Bluewater Bay house rented by a person whose company was on the municipal service provider database.
Nkanjeni’s dismissal was overturned by the bargaining council. The municipality instructed its lawyers to challenge the ruling in court.