The ongoing dispute with a former legal services manager, Itumeleng Mogaecho, centres around allegations of misconduct, unfair treatment, and the municipality’s failure to comply with awards issued by the South African Local Government Bargaining Council which ordered compensation in two cases in favour of Mogaecho

The five cases in various courts between Mogaecho and the Theunissen-based local authority include an unfair suspension case in the Cape Town labour court; a review of unfair labour practices and constructive dismissal in the Johannesburg labour court, and unpaid pensions and leave in the Theunissen regional court.

Mogaecho demands the tabling of a report implicating former acting municipal manager Michello Sello in alleged irregular financial activities in the high court.

Mogaecho’s first suspension was in February 2023 under Sello, followed by two extensions by successive managers. He claims his suspension followed his submission of reports alleging irregularities involving Sello and former municipal manager Lungile Mokoteli.

In response, Mogaecho filed a high court application demanding that the mayor, Dimakatso Modise, table his reports for council discussion and disciplinary action against Sello. Modise reportedly declined to table these reports, escalating the legal confrontation.

Masilonyana had been found guilty of unfair dismissal and unfair labour practices against Mogaecho in separate cases and ordered to pay damages for unfair dismissal by 24 October. It was meanwhile ordered to pay damages for unfair labour practices by 31 October.

However, the municipality failed to comply with these rulings. Earlier this month, Mogaecho obtained a letter from the sheriff to attach municipal property to settle the amounts owed. 

The municipality, however, referred the two cases to the labour court for review to overturn the rulings. There is also a criminal case at Theunissen police station for failure by both current municipal manager Mojalefa Matlole and former acting municipal manager Sello.

OFM News/Kekeletso Mosebetsi cg