Pretoria - Another legal fight is looming between the City of Tshwane and former chief audit executive, Moeketsi Ntsimane, who was booted out of the municipality after being found guilty of sexual harassment.
The embattled Ntsimane was last week fired by council after deliberating on a disciplinary hearing report regarding allegations of sexual harassment levelled against him by his two female subordinates.
Ntsimane yesterday hinted that he would take legal action with a view to overrule the termination of his contract.
His comment was made after mayor Randall Williams finally confirmed the council's decision to fire him.
Asked whether he would legally challenge the City following the termination of his contract, Ntsimane said: “It’s news to me; I have not even received the outcome of the disciplinary hearing. This, if true, will be challenged.”
He also commented that if his termination was true it would mean “political persecution succeeded”.
Yesterday the Pretoria News reported that part of the hearing findings said: “The City of Tshwane has discharged the proof on a balance of probabilities that the official is guilty as charged as contained in the charge sheet in that he made unwelcome and unacceptable remarks towards the complainant (which was) tantamount to sexual harassment.”
Williams confirmed that the council deliberated on the conclusion of the disciplinary processes against the Section 56 senior manager.
He said Ntsimane has been on suspension since January 18, 2021, after allegations were levelled against him.
“The City formally charged him with allegations of misconduct and convened a disciplinary hearing on April 19, 2021. He then brought an urgent application before the Labour Court wherein he argued that his suspension must be lifted and the disciplinary hearing be annulled,” Williams said.
The City opposed the court application, which was dismissed with costs on May 10 last year.
Williams said: “The disciplinary processes regarding this matter then proceeded. At the end of March 2022, the presiding officer of this process released a final report where he pronounced a sanction of dismissal.”
He said the outcome of the disciplinary process was tabled before council, which summarily approved the manager’s termination.
“Disciplinary processes for senior managers in local government are extensively legislated in terms of the Local Government: Municipal Systems Act. As such, the City ensured that due process was followed throughout this matter,” Williams said.
The SA Municipal Workers Union (Samwu) in Tshwane said Ntsimane’s axing was made after a number of female employees had alleged sexual harassment.
“The ANC caucus welcomes the decision of council to terminate the contract of Ntsimane after charges of sexual harassment were brought against him in 2021 and the ANC women caucus led protests against him. A disciplinary process vindicated the ANC women’s caucus and we believe the City is complicit when it comes to many forms of harassment in the workplace.”
Pretoria News