Drama erupted in the troubled Emfuleni municipality in Vanderbijlpark on Friday when the CFO Andile Dyakala was frog-marched from his office by eight heavily armed security officers.
Dyakala, who was instrumental in commissioning the Comperio forensic report that exposed the looting of more than R800-million by several municipal officials, was kicked out of his office on Friday, a day he returned to work from his suspension.
The security guards claimed they were sent by municipal manager April Ntuli, who was on leave. It is understood Ntuli instructed the acting head of legal, Pule Hlahane, and the acting municipal manager Mpfareleni Maseanoka to tell Dyakala he was persona non grata and should vacate his office. Dyakala, who was suspended in March last year on allegations that he had extended contracts of staff and violated supply chain management (SCM) policies, did not resist and instead co-operated with the guards.
He was suspended after he was cleared of SCM charges but found guilty of extending staff contracts and was sanctioned that he should be given written warning and ordered to return to work on August 25 2022. But on his arrival he was stopped at the gate by the security.
On the same day, Raphela Attorneys wrote to the CFO’s lawyers Ntsoane Attorneys that Dyakala should not return to work until the report was
tabled before a council meeting.
Dyakala approached the Labour Court for unlawful suspension, arguing there was no resolution by council that his suspension must be extended as lawyers had no authority on the matter.
The Labour Court resolved that the matter must be heard at CCMA, and on Wednesday the CCMA ruled that Dyakala’s suspension had ended on August 25 2022.
When asked if he had acted on instruction from Ntuli to kick Dyakala from his office, Maseanoka said he found Hlahane speaking to the CFO telling him that he should leave.
“I was not involved in calling the security to remove Mr Dyakala, but Ntuli instructed public safety to remove him.
“We told him that he must leave without creating a scene. When I got there, we discussed but he called his lawyer, then told me that he was not going anywhere,” said Maseanoka.
Dyakala contradicted him: “I was unlawfully stopped from doing my work as the CFO due to unlawful instruction from the municipal manager.
“Mr Ntuli failed in his fiduciary responsibility to act in the best interest of the municipality and adhere to the CCMA ruling and stop fruitless and wasteful expenditure.”
Ntuli refused to comment and referred us to the Emfuleni spokesperson, Makhosonke Sangweni.
“The matter is still at labour court for review, Dyakala was suspended by the council and the municipal manager only acted on the instructions of council and the council is waiting for a Labour Court decision. “The CFO knows very well that for him to come to work was unprocedural,” said Sangweni.
Follow @SundayWorldZA on Twitter and @sundayworldza on Instagram, or like our Facebook Page, Sunday World, by clicking here for the latest breaking news in South Africa.
