Makana Municipality is setting a precedent it may later regret by paying an employee's legal costs. According to Rhodes University Law Lecturer, Sharlene Ramlall, this is an unusual case as the municipality has never covered employee’s legal fees before.
The employee is Terence Bafo, a Grahamstown traffic officer, who is involved in a case that coincides with the council's investigation into alleged racism and corruption in the Makana Traffic Department.
Makana Municipality is setting a precedent it may later regret by paying an employee's legal costs. According to Rhodes University Law Lecturer, Sharlene Ramlall, this is an unusual case as the municipality has never covered employee’s legal fees before.
The employee is Terence Bafo, a Grahamstown traffic officer, who is involved in a case that coincides with the council's investigation into alleged racism and corruption in the Makana Traffic Department.
On Monday, 5 September, Bafo will appear in the Grahamstown Magistrate's Court to face a charge that he "negligently issued and or authorised the issue of a learners licence". This charge falls under the National Road Traffic Act no. 93 of 1996.
According to the charge sheet the incident occurred roughly around 23 November 2010, at or near Grahamstown.
Bafo has already faced an internal disciplinary hearing over the same alleged offence. The Municipality’s official response is that disciplinary issues between the employer and employee are treated confidentially and, therefore, cannot be discussed. However, source within the municipality said the hearing, which took place in March, had cleared Bafo's name.
Racism in the Makana Traffic Department:
The source also spoke of racial tensions in the traffic department, where black officers felt "very victimised". As a result, the council had instructed an independent person, from outside municipal structures, to investigate alleged racism and corruption in the department.
Furthermore, according to the source, Coenraad Hanekom, the traffic department's head, was responsible for laying criminal charges against Bafo, on 2 March, before the internal disciplinary hearing was concluded.
Both Bafo and Hanekom refused to comment about the criminal charges and the allegations of racial tension in the traffic department.
"Press releases are normally sent through our spokesperson", said Hanekom.
However, Municipal Spokesperson, Thandy Matebese, was unable to provide any comment on the matter as it concerned an internal disciplinary hearing. According to Matebese, Corporate Services Director, Thabiso Klaas would have the authority to speak on the matter but he also refused to provide a statement.
Ramlall emphasised that her opinion was purely speculative due to the absence of more information from the municipality.
"It is possible that the municipality have offered to pay the legal fees of the accused on the basis that the accused was found not guilty of this very same offence at an internal disciplinary enquiry," said Ramlall.
She said that the municipality might have felt it necessary to protect their employee in a criminal action that was closely related to the internal labour law dispute. However, Ramlall emphasised that the legitimacy of using municipal funds to foot the bill for the accused’s legal costs might well require further investigation
