The Emalahleni Local Municipality in the Eastern Cape has launched what appears to be a rare legal offensive against a former Expanded Public Works Programme (EPWP) worker, demanding R2-million in damages after he criticised the municipality on social media.
The municipality, based in Cacadu, commonly known as Lady Frere, filed papers in the Makhanda High Court targeting Xolisile Pemba, a former EPWP worker, who says he used to earn R4 000 a month.
“The municipality just filed papers to make me pay R2-million. I feel targeted. [Legislation] says the municipality should create jobs for the youth. Instead, now they are suing me, an EPWP ex-worker who previously earned R4 000 a month,” Pemba told Sunday World.
He said the lawsuit has left him confused and desperate.
“This is hurtful and making me angry because time and again you see politicians suing each other for R1-million as a game. Now, Emalahleni wants to sue me for a sum of R2-million just for speaking the truth,” he said. “How do I pay that? How do I have that amount? It seems like they want to destroy me for [freedom of expression].”
The legal battle stems from the municipality’s dismissal of chief financial officer Busisiwe Lubelwana on March 23 after disciplinary proceedings linked to alleged financial misconduct involving a municipal investment.
In a dismissal letter seen by Sunday World, the municipality stated that “the chairperson of the disciplinary hearing has determined that dismissal is the appropriate sanction, and accordingly you are dismissed from your position of chief financial officer with immediate effect”.
The letter added: “We further confirm that this decision has been reviewed by Council, which has upheld and adopted the chairperson’s ruling in full.”
But instead of ending the matter, the decision appears to have triggered a second front. A defamation claim is now unfolding in court.
The municipality accuses Pemba of posting “false, wrongful, and defamatory” Facebook comments and livestreams, according to particulars of claim seen by Sunday World.
The municipality’s lawyers argue that his remarks were calculated to make the public believe it had “wastefully misused R5-million plus legal costs, gunning for the CFO, and its operation was unlawful, corrupt and deceitful in that it caused a great waste and misuse of municipal funds.”
The lawyers say Pemba’s statements were intended to make social media users believe that “the municipality unlawfully and unfairly dismissed the CFO for her not wanting to be part of their illegal dealings with regard to offering kickbacks on the procurement process.
“As a result of the defamation, the Plaintiff has been damaged in its reputation and has suffered damages in the sum of R2-million.”
It is asking the court to order Pemba to pay the full amount and to “stop posting or publishing any defamatory statements about the municipality”.
But Pemba insists he was raising governance concerns, not defaming the institution.
“All I complained about on Facebook was how the CFO was dismissed,” he said.
“The Municipal Systems Act requires a due process to remove a CFO. Since that didn’t happen, it was illegal. I really don’t care if they want to get rid of her; the way they did it is what is wrong and unorthodox. It must be rectified because it’s going to cost the municipality a lot of money.”
Now facing a legal battle he says he cannot afford, Pemba says he has no choice but to fight.
Luthando Nqumkana, the municipal spokesperson, requested that we send him questions, but he had not responded at the time of publication.
- Emalahleni Local Municipality in the Eastern Cape is suing former EPWP worker Xolisile Pemba for R2-million for allegedly posting defamatory comments on social media about the municipality.
- The lawsuit follows the dismissal of the municipality's CFO, Busisiwe Lubelwana, on allegations of financial misconduct involving a municipal investment.
- The municipality claims Pemba's social media posts falsely accused it of corruption, unlawful dismissal, and misusing over R5 million, damaging its reputation.
- Pemba denies defamation, stating he raised valid concerns about unlawful dismissal procedures violating the Municipal Systems Act.
- Facing a costly legal battle he cannot afford, Pemba feels targeted and plans to fight the case, while the municipality seeks to stop him from making further statements.
