MATSAPHA CEO WANTS COURT TO STOP DC

MBABANE – The battle of the giants at Matsapha Municipal Council has reached the Eswatini Industrial Court.

The Chief Executive Officer (CEO) Lucky Sukati has taken the Mayor, Sandlane Zwane and the Matsapha Municipal Council to court seeking an order to stop the disciplinary action against him and seeking the court to declare it unlawful. Through an urgent application filed yesterday, Sukati wants the court to declare the hearing as unlawful. In his affidavit, Sukati said on December 5, 2018, he received correspondence from the mayor calling on him to show cause why he should not be subjected to a disciplinary hearing through a letter dated the same day signed by Zwane. Sukati alleged that instead of Zwane responding to his request for further particulars, the following day he received a letter inviting him to a disciplinary hearing scheduled for December 7, 2018, which only gave him one day to prepare.

Powers

Sukati submitted that on another note, as CEO of the municipality, in the exercise of powers granted to him by Section 27 of the Urban Government Act, he had issued a notice to convene a special meeting of council to deliberate, among other issues, Zwane’s behaviour in the execution of his duties. He alleged that the mayor’s behaviour had become toxic and would render the municipality ungovernable. “I must mention that the notice was issued before the setting of my disciplinary hearing by the mayor,” claimed Sukati. In his notice of motion, Sukati stated that Zwane, who is the first respondent in the matter, had no basis in law to haul him before a disciplinary hearing. He submitted that he was employed by the council and not Zwane individually as a mayor. “The process of charging me is orchestrated by the first respondent alone without the involvement of any councillors. He pursues the charges against me in his own accord without any council resolution,” claimed Sukati.
The allegations are contained in an affidavit and its veracity yet to be verified by the court.

Disciplinary

The CEO submitted that he was advised and verily believed that for any disciplinary process against him, it had to be a council resolution and in this instance, it was based on the whims of the mayor. “The rest of the other councillors have actually disassociated themselves with the whole process of the hearing in the meeting of December 7, 2018 (sic),” reads the affidavit. Sukati alleged that the councillors actually resolved that corrective measures should be taken against the first respondent who acted on a frolic of his own without any authority from council. The CEO stated that the matter was urgent by virtue of the fact that he was called upon to appear for a disciplinary hearing today and was only notified on December 7, 2018. He submitted that once the hearing started before a court order was granted, his rights would be severely affected as he could be found guilty by an unlawful disciplinary hearing.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: