The City of Mbombela is in a catch-22 after its municipal council was found to have unlawfully placed its chief financial officer on special leave.
Judge Edwin Tlhotlhalemaje said in a recent Labour Court ruling that the council’s
decision to place CFO Delight Sibanyoni on special leave without her consent “is essentially a suspension in disguise”.
“This decision lacks any legal basis and amounts to an abuse of power by the municipal council,” Tlhotlhalemaje said.
The scathing judgment comes despite strong allegations from the council accusing Sibanyoni of severe misconduct, including irregular financial conduct and tender mismanagement – claims she strongly contested.
Sibanyoni, who has served as the CFO since January last year, was placed on special leave after a council meeting on July 30. The council alleged that she was involved in “irregular financial transactions, failure to properly account for municipal funds and mismanagement of tenders,” as detailed in an internal audit report.
“It is our duty to ensure that all financial activities within the municipality are conducted with the utmost integrity, and any suspicion of misconduct must be thoroughly investigated,” the audit report recommended.
In her defence, Sibanyoni argued that the council’s decision was not only procedurally flawed, but also lacked any legal foundation. Through her lawyers, she said special leave could only be granted at the request of the employee and not imposed unilaterally by the employer.
Tlhotlhalemaje further highlighted that the actions taken by the council were
“unlawful, irrational, and not in the public interest”.
Court documents revealed that Sibanyoni was notified of the special council meeting on July 29, where the agenda included a report recommending an investigation into her alleged misconduct.
Despite attempts by her legal team to have the item removed from the agenda, the council
proceeded with the meeting and adopted the resolution to place her on special leave from July 31.
Sibanyoni promptly approached the Labour Court, seeking an urgent order to set aside the council’s decision and have her reinstated as CFO.
The respondents, including the speaker, mayor, and municipal manager of the City of Mbombela, opposed the application, arguing that the matter lacked urgency and that the court did not have jurisdiction.
Tlhotlhalemaje dismissed these arguments, pointing out that “the urgency of this matter is beyond dispute given the public interest in ensuring lawful governance”.
He added that the council’s decision “cannot be justified under any circumstances”.
City of Mbombela spokesperson Joseph Ngala told Sunday World that the judgment will be presented to the council for a decision.
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