City must pay fired security boss

Durban - Former eThekwini safety and security boss Bheki Mkhize’s dismissal was “substantively unfair” and the city has been ordered to pay him compensation equivalent to three months’ salary, the South African Local Government Bargaining Council has ruled.

Mkhize’s contract was cancelled by the city on June 30. Contrary to earlier media reports, it was not ended because he was named in the Manase and Associates forensic investigation.

Mkhize had been employed by the city on a fixed-term contract that expired in May last year. His annual salary was R1.6 million.

He continued to work for the municipality, but did not sign another contract to secure his employment.

He thought that “as undertaken by the previous city manager”, Michael Sutcliffe, he would be permanently employed or his contract would be renewed.

However, in February the council adopted a resolution to extend his contract on a month-to-month basis, but he was never told of that decision.

Then, in June, the council adopted city manager S’bu Sithole’s recommendation not to renew Mkhize’s contract.

Mkhize was notified of the termination of his services and paid two months’ salary in lieu of notice.

The city argued that Mkhize’s continuation of employment after the expiry of his contract was irregular, as it was contrary to the Municipal Systems Act.

The city further argued that Mkhize should have known that the extension of his contract by Sutcliffe was contrary to the Municipal Systems Act and was “invalid”.

Mkhize sought reinstatement or compensation.

But the bargaining council’s arbitration commissioner, NF Mlaba, ruled that the city’s action in terminating the services of Mkhize constituted a dismissal.

“The said dismissal is declared to have been substantively unfair… eThekwini municipality is ordered to pay the applicant [Mkhize] compensation equivalent to three months’ salary,” the arbitration document reads.

The city’s safety and security portfolio has been left rudderless since Mkhize’s departure. The metro police unit, which was under Mkhize’s watch, has been rocked by instability.

Metro police head Eugene Nzama was placed on three months’ special leave earlier this year after complaints from metro police about corruption, nepotism and harassment under Nzama.

He was reinstated after challenging the move in the Durban Labour Court.

Municipal spokesman Thabo Mofokeng said the city would accept the three months’ salary compensation settlement. - The Mercury