Desperate to avoid a lengthy court case, which would cripple her financially, a former legal official of the Nelson Mandela Bay municipality has appealed to mayor Athol Trollip to intervene.
Nobuntu Mgogoshe, who won her case against the municipality last week at the SA Local Government Bargaining Council – which ordered the city to reinstate her – wants Trollip to stop city boss Johann Mettler from appealing against the ruling.
Mgogoshe was fired about six months ago for her legal advice on payments for CCTV cameras on the city’s bus routes.
She was suspended in November 2016 for her legal advice to then chief financial officer Trevor Harper that security firm Afrisec Security Solutions was entitled to payment if it had rendered the services that had been agreed to.
The amount owed to Afrisec for services was R35-million.
After the bargaining council ruled she must be back at work next week Tuesday and paid R342 725 in backpay, the municipality’s lawyers notified her of its intention to appeal the decision in the Port Elizabeth Labour Court.
The municipality filed a notice of application on Thursday informing the Labour Court of its intention to review the arbitration award.
Mgogoshe has written to Trollip, asking him to step in.
“The reason why I am writing to you now is simply because Mettler has now decided to take this matter on review, which although the metro is well within its rights to do so, I am of the view that it is a complete waste of ratepayer’s money as it has absolutely no prospects of success.
“Furthermore, Mettler is also refusing to comply with the award and thus exerting additional financial strain on myself and my family.
“The reason why I have kept quiet for this long was to allow the law to run its course and to be able to clear my good name.
“Now that I have done that, I find it very cruel and unfair for Mettler to opt to pay Gray Moodliar Attorneys and an advocate to pursue an unwinnable case rather than paying what is due to me.
“He has even gone as far as threatening me with obtaining a cost order from the Labour Court should I come to work on the 26th of June,” she wrote.
Mgogoshe asked Trollip to “put a stop to this bullying”.
“[It] is unfairly depriving me and my family of our bread and butter. It is important to also note that in addition to the legal fees that I have had to pay for my reinstatement I am also paying legal fees to defend myself against the civil case.”
Trollip said he had not seen Mgogoshe’s letter.
“I want to remind you of my undertaking to keep politics out of the administration, and I expect this administration to keep out of politics,” he said.
“This is a [human resources] matter and the city manager is responsible for this.”
Mettler said: “If Mgogoshe wants to fight her case in the court of public opinion, she is welcome to put all the charges put to her in the public domain and play open cards with the public on how she has chosen to conduct her case thus far.
“It would make for interesting reading. But, I guess, the truth would not suit her agenda.”