The makeup of a municipal disciplinary committee took centre stage on Thursday at the Port Elizabeth Labour Court, where suspended city boss Johann Mettler continued the fight to have his suspension lifted.After being away from work for more than seven months, Mettler wants his suspension lifted and for the court to recommend that a new disciplinary committee be formed to oversee his hearing.Mettler is once again asking the court to order his reinstatement after he failed at his attempt to have the matter dealt with on an urgent basis in March.Mettler’s troubles began in May 2018, when Nelson Mandela Bay mayor Mongameli Bobani – at the time an ordinary councillor – accused him of misconduct.He received notice of his precautionary suspension on September 28, pending the outcome of a disciplinary hearing.Advocate Mark Euijen SC, on behalf of Mettler, told the court his client was severely concerned with the lawfulness of the suspension.“The allegations of misconduct which have been levelled against Mettler have been the subject of thorough prior investigations by council, all of which have failed to substantiate such allegations,” he said.Euijen said the appointments of the investigator and the new disciplinary board were done illegally and should be set aside.“Both the investigator, [Ntsikelelo] Mbewana, and a member of the disciplinary board, [Pumeza] Bono, have a personal interest in the outcome of disciplinary action against Mettler and on ordinary principles of natural justice ought not to be part of such disciplinary proceedings.”Mettler alleged in his founding affidavit that Bono would not chair his hearing fairly because her firm was under investigation after he initiated a probe.“The appointment of the mayor’s personal attorney as the investigator, together with a new disciplinary board in unexplained circumstances where there is already a properly constituted board in existence, cannot be said to be mere procedural steps,” he said.Euijen said the former disciplinary committee was appointed by the council in February 2018.“It was not legally possible to appoint another,” he said.But advocate Dali Mpofu SC, on behalf of the municipality, said Mettler’s suspension came with special ramifications.“You don’t need to be a rocket scientist to understand that,” he said.Mpofu said the issue of a new disciplinary committee was a “hollow point”.“The municipality is entitled to appoint a new committee and did so legally, which is not being disputed.“There is no suggestion that the new committee is impartial, biased or having been hand-picked,” he said.Euijen said the reason initially given for the suspension – that he may interfere with potential witnesses, who happen to be his subordinates – was unfair.But Mpofu hit back that invariably Mettler was the boss and his employees might decide to side with him just to save their own jobs if he ever returned.“There is a chance he might intimidate employees,” he said.Judgment was reserved.