---

Even though a legal opinion backed the disciplinary committee’s findings and sanction to fire Dannhauser Local Municiplaity CFO, Danisile Mohapi, the ANC councillors still took a resolution to reinstate her on October 11 2023.

---

Sizwe sama Yende

---

ANC councillors in KwaZulu-Natal’s Dannhauser Local Municipality ignored a disciplinary committee’s finding and an independent legal opinion to dismiss a chief finance officer (CFO) found guilty on misconduct charges.

KwaZulu-Natal Co-operative Governance and Traditional Affairs MEC, Rev Thulasizwe Buthelezi, has told now told Dannhauser mayor, Bongani Hadebe, to see to it that the CFO, Danisile Mohapi, is either dismissed or the council takes the matter on review if not satisfied with the committee’s outcome.

The disciplinary tribunal recommended that Mohapi be dismissed on June 12 2023 but soon after the ANC had reclaimed control of the municipality, it took a resolution reinstate her.

The matter has roots in the tight power contest between the ANC and the IFP in the municipality. Mohapi landed the job as an ANC deployee before the IFP won the hung municipality during the 2021 local government elections.

Mohapi was the suspended for gross misconduct on July 4 2022 and fired shortly thereafter, for:

·      Deceiving the council while acting as municipal manager on May 24 2022 that the positions of two drivers (truck and tractor) and TLB operator had been filled;

·      Ratifying double payments to Izingodla Engineering for R39 622 and R95 696 in 2020. Izingodla later refunded R39 622 upon the intervention of Treasury to assist the municipality to deal with audit queries. Mohapi signed documents authorizing the payment 36 days after all the officials had signed;

·      Failing to provide medical certificates for being on sick leave for 12 months in 2021 and pocketing a R1 217 558 salary;

·      Encashment of R104 000 of annual leave while she was absent from work for 12 months.

An ANC-led coalition took over the running of the municipality in June 2023 after the EFF decided to cut ties with the IFP with which they were in coalition.

The ANC then went into coalition with the EFF, Community Freedom Party and Team Sugarafter an IFP mayor was ousted with a vote of no confidence.

Buthelezi said in a correspondence to Hadebe dated August 23 that he noted with concern that the disciplinary committee’s recommendation was not considered but the council decided to seek a legal opinion.

Even though the legal opinion backed the disciplinary committee’s findings and sanction, the ANC councillors still took a resolution to reinstate Mohapi on October 11 2023.

According to the legal opinion council should have terminated Mohapi’s contract and notified her of her right to appeal.

It further said: “The memorandum can however confirm that the charges are serious enough to be dismissible, and their very nature have the effect of breaking the relationship of trust between an employer and a person employed in a position of a Chief Financial Officer.”

“Council must take caution that it may be deemed as financial misconduct to keep someone on continued suspension on full pay whilst there is a ruling recommending her dismissal.”

Hadebe did not respond to written questions sent to him on October 23.

Buthelezi said that reasons for Mohapi’s reinstatement were insufficient and could not trump statutory framework. “However, if the council was not satisfied or had changed their position in respect of the whole disciplinary proceeding, the option or next cause of action that they should have contemplated would have been to apply for review proceedings,” Buthelezi said.

He added that if the council failed to take remedial action, the speaker, Sibusiso Myaka, should charge all the councillors who took the decision to reinstate Mohapi.