PLETTENBERG BAY NEWS - The DA has asked the Western Cape High Court in an urgent application to overturn a R4 million termination agreement between Bitou municipality and former municipal manager Mbulelo Memani.
The DA's surprise application, filed on Friday 19 July, is supported by affidavits from Helen Zille, the DA Federal Council chairperson, and former DA mayor, Dave Swart.
It seeks to have Memani's termination agreement with the municipality, brokered by new Bitou mayor Claude Terblanche, declared "constitutionally invalid".
Zille said the DA was bringing the application in its own interest "and the public interest", and in the interest of DA members.
"As a party committed to the rule of law and the separation of powers, the DA believes it is vital to ensure that all branches of government abide by those constitutional principles."
The application asks that Memani's removal be revoked and that he and his attorney's firm Bulelani Bans Inc repay "in full" the money they received in terms of the termination agreement, and that he be returned as municipal manager of Bitou, but still remain suspended.
Memani, appointed by the DA coalition, was ousted after a "fracture" in the DA coalition in February which saw an ANC-led coalition taking the reins in Bitou.
Terblanche of the Plett Democratic Congress (PDC) became the new mayor after he ditched the DA coalition.
Zille said in her affidavit that immediately after the new coalition took over allegations of misconduct were made against Memani by Terblanche and Memani was suspended.
"Before a disciplinary investigation could be held, the municipality, represented by the mayor, decided to conclude an agreement with Mr Memani which terminated his employment."
As "consideration" the municipality, represented by Terblanche, agreed to pay Memani an amount equal to 24 months' remuneration - "the DA believes that the total amount (which also includes the payment of legal fees directly to his attorney) exceeds R4m", said Zille.
Zille said the municipality, municipal council and mayor have no power in law to conclude an agreement terminating the employment of a municipal manager, in exchange for large sums of public money.
The allegations of misconduct were untested and "subordinate legislation compelled the municipality to conduct a disciplinary hearing … once it found the allegations to be of a serious nature".
"It appears that the new coalition sought to get rid of Mr Memani immediately on taking power and was willing to pay large sums of public money to do so.
"This is irregular," said Zille.
Bulelani Jerome Bans, Memani's lawyer, confirmed that a copy of the application had been served on them.
"I have not studied it as yet, nor have I consulted with Mr Memani as yet.
"We will choose the appropriate course to follow within the prescribed timeframes set by the court," said Bans.
‘We bring you the latest Garden Route, Hessequa, Karoo news’
