A Free State mayor faces further controversy after her municipality lost two costly lawsuits by its former legal services manager.

Masilonyana Municipality must pay two substantial amounts in damages following Itumeleng Mogaesho’s suspension, which he claimed was politically motivated and due to Mayor Dimakatso Modise’s interference in administrative matters, and eventually led to his resignation.

The SA Local Government Bargaining Council ruled in his favour after he sued the Theunissen-based local authority for constructive dismissal.

‘Modise reportedly refused to table his reports for discussion’

Mogaecho had been suspended multiple times, first by acting Municipal Manager Michello Sello in February 2023, where successive municipal managers twice extended his suspension.

He alleged he was suspended after he drafted reports implicating Sello and former Municipal Manager Lungile Mokoteli in irregular financial activities. Mogaecho filed a High Court application demanding the council investigate Sello’s alleged misconduct, but Modise reportedly refused to table his reports for discussion.

During arbitration in July and September, Mogaecho testified Modise had undermined his integrity and blocked his report, accusing him of misconduct. He also claimed the working environment became dangerous as threats to his life led him to find alternative employment.

The arbitrators ruled Mogaecho’s professional advice was ignored, and he was targeted for exposing corruption in the municipality.

During the arbitration, current Municipal Manager Mojalefa Matlole admitted Mogaecho’s suspension was extended but denied any deliberate wrongdoing.

A document provided to OFM News shows that Matlole contended that Mogaecho had opportunities to return to work, which he declined, and his resignation was voluntary.

But arbitrator commissioner David Pietersen found that Mogaecho had been unfairly treated, primarily due to political interference by Modise. He concluded Modise sought to protect Sello by keeping Mogaecho away from the workplace.

The council, led by Pietersen, ruled Mogaecho had been constructively dismissed and ordered Masilonyana Municipality to pay him damages for unfair dismissal by 24 October. Meanwhile, the ailing municipality was also found guilty of unfair labour practice against Mogaesho in a separate case, and ordered to pay him those damages no later than 31 October.

OFM News/Kekeletso Mosebetsi mvh