Pretoria - The Gauteng High Court, Pretoria, yesterday postponed to tomorrow the matter regarding the axing of City of Tshwane chief financial officer Umar Banda.
He is challenging a decision to terminate his contract before its expiry on December 31.
In court papers, Banda said municipal manager Johann Mettler terminated his contract without providing him with reasons for doing so.
Banda was hired on a five-year fixed-term contract in 2017 by then-city manager Dr Moeketsi Mosola when Solly Msimanga was mayor.
His contract expired in June this year, but council resolved to extend it on two occasions.
In his founding affidavit, Banda said: “My contract was extended as resolved on a month-to-month basis for no longer than three months from October 1, 2022, to December 31.”
He stated in court papers that Mettler made a submission to the council to extend his contract for a third time on a month-to-month basis for no longer than three months from January 1, 2023, to March 31, 2023.
“I received correspondence from the city manager dated December 1, 2022, in terms of which I was suspended, for allegations related to the submission of the first respondent’s annual financial statements to the auditor-general,” he said.
However, it would appear that Mettler had a change of heart regarding the suspension, as he issued Banda with a letter of contract termination on December 2.
According to Banda, the decision to end his contract was not motivated by any wrongdoing on his part.
“There has been no finding against me of any misconduct. The first respondent admits there is no finding of misconduct against me. Termination for any allegation of this nature can only be effected in terms of the Disciplinary Regulations. The purported termination is unlawful insofar as it is grounded in misconduct.”
His employment, he said, was purportedly terminated with immediate effect whereas he was supposed to be given one month’s notice in terms of section 38 of the Basic Conditions of Employment Act No 75 of 1997.
“This means my employment will terminate on January 1, 2023.”
In court papers, Mettler shed light on the decision to remove Banda, saying the CFO submitted to the auditor-general the City’s 2021/2022 annual financial statements, which were non-compliant and had caused “a significant embarrassment” to the municipality.
Municipal spokesperson Selby Bokaba said Banda’s fixed-term contract of employment was terminated by agreement between the parties before its expiry on December 31.
“On December 2, 2022, the City decided Mr Banda should be relieved of the obligation to render services to the City up until the end of his contract of employment. Mr Banda has been fully compensated up to the end of his fixed-term contract on December 31, 2022.
“Currently, there is no oral or written contract in which Mr Banda’s employment with the City will be renewed on January 1, 2023,” he said.
Republican Conference of Tshwane councillor Lex Middelberg slammed Mettler for “usurping the powers of council” by getting rid of Banda.
Pretoria News