A senior official in Makana Municipality facing allegations of misconduct and sexual harassment against a junior employee is likely to remain in his post, with no more than a warning.
A senior official in Makana Municipality facing allegations of misconduct and sexual harassment against a junior employee is likely to remain in his post, with no more than a warning.
According to procedure, Director of Corporate and Shared Services Mzukisi Madlavu should have been suspended as a precautionary measure; however, Makana Municipality dragged its feet in taking action against him.
The Makana Council, during a confidential special council meeting today, 7 July, resolved that Director of Corporate and Shared Services Mzukisi Madlavu not be suspended.
Insiders told Grocott's Mail that acting municipal manager, Riana Meiring advised the Council against suspending Madlavu. Meiring, who returned to her former post of Local Economic Development Director in April after a year-long hiatus, was seconded as acting MM two months later.
A report tabled by Meiring in today's Council meeting warns that the move to suspend him comes too late.
The alleged offences were committed between 1 September and 31 December last year, around seven months ago.
Grocott's Mail has a copy of the report, which points out that Madlavu has been allowed to continue working for Makana, despite the allegations against him.
In the report dated 6 July Meiring says in the current circumstances, suspending Madlavu could be seen to constitute disciplinary action rather than a precautionary measure.
Madlavu has denied any wrongdoing and claims he is the victim of a witch hunt, according to the report.
The report says the allegations are wholly unsubstantiated and therefore cannot meaningfully be considered.
On 12 January a formal grievance was lodged against Madlavu by a young woman employed on contract as an intern. The complaint was submitted as a confidential item by then acting municipal manager Busi Khumalo to a special council meeting on 29 January.
Madlavu allegedly sent an SMS to the intern, who asserted that this action constituted an abuse of power.
The report indicates there was some merit in Madlavu's allegation that his suspension at this late stage would serve as a disciplinary rather than a precautionary measure.
This was because he had remained in the workplace throughout this period without being reported as having engaged in conduct that would jeopardise the investigation or intimidate the employee.
Suspending the official should have been done in the early stages as a precautionary measure, to prevent the investigation being compromised, the report said.
In the circumstances, the tardiness of the suspension order might expose Makana to a labour dispute in which Madlavu might well be successful.
The report presented two options:
* That although there was a risk of Madlavu being successful in an unfair suspension dispute against Makana, Council might find it necessary to suspend him in order to keep the door open for a possible dismissal, should this be found necessary. In this case, he should be suspended on full pay.
* Should Makana be risk averse, given Madlavu might be successful in an unfair suspension dispute, it should elect not to suspend Madlavu. The nett result in either case would likely be that Madlavu be issued with a final written warning,
Insiders believe Madlavu is likely to walk away from the process with a warning.
Speaking to Grocott's Mail today, Madlavu said he was unaware of what had happened in the meeting and declined to comment.
Madlavu was appointed Director of Corporate and Shared Services in July 2012.
He carries overall responsibility for the following areas of management in Makana Municipality: human resources; administrative support services; information and communication technology (ICT); the IDP/PMS Unit (manages and directs the performance management system and integrated development plan); communication, PR and marketing; and fleet management.
Read more in Friday's edition of Grocott's Mail, which will be on sale on Grahamstown streets from early, and available in local retail outlets.
