The High Court in Pretoria has ruled in favour of Quiet Kgatla, declaring his suspension invalid and ordering his immediate return to work.
Suspended Madibeng municipality boss Quiet Kgatla has been granted a court interdict against his suspension by the council and will go back to work.
The High Court in Pretoria ruled Kgatla’s precautionary suspension had lapsed in terms of the disciplinary regulations for senior managers.
The municipality, along with the speaker, acting municipal manager and the mayor, must immediately allow Kgatla to resume his duties as a manager.
Kgatla’s suspension
Kgatla was suspended following allegations of financial misconduct after appointing a contractor for a housing project without following due process.
The ANC Bojanala regional executive committee (REC) ordered disciplinary action be taken against Kgatla.
But some councillors twice did not attend council meetings where his fate was to be decided, forcing them to collapse due to a lack of quorum.
The ANC North West executive committee, along with ANC national executive committee deployees Faith Muthambi, Mdu Manana and Refilwe Mtsweni-Tsipane, endorsed the REC decision.
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Kgatla then sought an urgent interdict. The court restrained the council from pursuing or continuing with disciplinary proceedings against the manager, scheduled for today.
Irregular appointment
Kgatla was accused of irregularly appointing a contractor for a R11 million electrification of Damonsville in Brits in the Madibeng municipality.
It is alleged that Kgatla appointed the supplier as an emergency measure, without following the tender process.
The ANC Bojanala recommended that Kgatla be placed on precautionary suspension with full salary pending the outcome of an independent investigation into misconduct allegations against him.
The ANC provincial leadership endorsed this, but the council, led by mayor Douglas Maimane and speaker Ditshego Mbezi, refused to implement the decision.
Kgatla denies allegations
At the time, Kgatla denied any wrongdoing, saying the allegations levelled at him were baseless as the whistle-blower had insufficient information and documentary proof.
He said he had to act to appoint a new contractor, after Damonsville residents embarked on a violent protest on 29 January, demanding the electrification promised by the municipality.
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