Legal setback for Bitou's Memani

Update

PLETTENBERG BAY NEWS - Suspended Bitou Municipal Manager Mbulelo Memani has received a legal setback in a judgment by the Cape Town Labour Court to have him reinstated and stop the disciplinary process against him.

On 23 March, Judge Robert Lagrange dismissed Memani's urgent application launched on 24 February against the respondents, disciplinary enquiry chairperson Sydwell Sibongile Mketsu, the Bitou Municipality and Bitou Mayor Jessica Kamkam.

Lagrange also ordered Memani to pay the costs of Bitou Municipality and Kamkam. Lagrange said he was not satisfied that Memani has a clear right to prevent the enquiry continuing and was "not persuaded" that Memani demonstrated exceptional circumstances, which would warrant the court's intervention in the enquiry.

The judge ruled that Memani's application relating to his continued suspension must be struck off the roll for lack of urgency, and that his application for relief relating to the continuation of the enquiry "is not within the jurisdiction of the court or, if it is, the applicant (Memani) has not established a clear right to the relief".

Lagrange dismissed the application to interdict Memani's disciplinary enquiry proceeding, pending the determination of his review under a separate part of the application.

Leave to appeal

Pieter van der Merwe, Memani's lawyer, said they will file leave to appeal the judgment, "as the court agreed with our interpretation, yet then the findings contradict the very finding the Judge makes".

Kamkam, the third respondent in Memani's application, said the municipality welcomes the Labour Court's judgment. "The ruling confirms that there is no basis to halt the disciplinary process, which will now proceed in line with applicable regulations," she said, indicating the disciplinary hearing would continue 24 March as scheduled.

"We remain committed to due process, accountability, and good governance. As the matter is ongoing, it would not be appropriate to comment further at this stage," said Kamkam.

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