PLETTENBERG BAY NEWS - Bitou Municipality’s suspended municipal manager, Mbulelo Memani, returned to his office on Wednesday 21 January, triggering a legal and administrative stand-off with the municipality.
His return was confirmed by his lawyer, Pieter van der Merwe from George, but is being contested by the municipality, which maintains that acting municipal manager Chris Mapeyi remains in charge.
Today, Thursday 22 January, Memani was prevented from entering the municipal headquarters in Sewell Street when security denied him access. This is according to Van der Merwe, who did not offer any comment on the matter at this time.
Interpretation of regulations
At the centre of the dispute is the interpretation of disciplinary regulations for senior managers. Memani was suspended on 13 August last year.
According to his legal team, the regulations require that a disciplinary hearing must commence within three months of suspension.
“Commence and instituted are not the same,” Van der Merwe said, arguing that case law defines commencement as the actual start of the hearing, not merely the issuing of charges.
While the municipality issued a charge sheet on 4 November and scheduled a hearing for 12 to 14 November, Memani’s legal team maintains that the hearing did not proceed and therefore did not legally commence.
Hearing date postponed
Van der Merwe said his client had requested “pertinent information” from the municipality for several months to substantiate the charges, but that this was not provided by an agreed deadline of 12 December. Memani’s disciplinary hearing is now scheduled for 17 to 19 February.
According to Van der Merwe, the delay means the suspension has lapsed. He alleged that the municipality deliberately delayed the process, a claim the municipality disputes.
“Mr Memani is not trying to be difficult. He is trying to save the taxpayer money by returning to work and offering his services,” Van der Merwe said.
Mayor
Bitou Mayor Jessica Kamkam said the municipality has responded to Memani’s legal representatives and has placed on record its position that the precautionary suspension remains in place pending finalisation of the disciplinary process.
She said that Mapeyi continues to act as municipal manager in terms of council resolutions and that the municipality “reserves all its rights”.
Memani faces several charges, including contempt of court, alleged attempts to mislead council, abuse of power and gratification.
These are allegations that have not yet been tested in a disciplinary hearing.
This is a developing story. Further information will be provided as it becomes available.
Mbulelo Memani's BMW parked outside the Sewell Street municipal building on Wednesday 21 January. Photo: Chris van Gass
Read previous articles:
- Memani charges go ahead
- All square on Memani
- Memani suspended - again
- R2,6m irregular airport payment to be probed
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