Financial Mail and Business Day

Tshwane defends manager’s two-year, full-pay suspension

Luyolo Mkentane Political Writer

A City of Tshwane senior manager who was suspended for allegedly misrepresenting his qualifications almost two years ago continues to draw his monthly R167,000 salary while sitting at home.

According to his payslip, dated August 26 2021, which Business Day has seen, Previn Govender’s total earnings are R167,713 a month and he contributes a monthly R79.50 fee for his membership of the Independent Municipal and Allied Trade Union.

Govender could not be reached for comment and he did not respond to questions sent via text message.

His suspension on full pay was confirmed by Jordan Griffiths, acting chief of staff in DA Tshwane mayor Randal William’s office.

Govender continues to be paid by the municipality despite findings by the public protector in December that Govender’s appointment as chief of the metro’s emergency services on August 1 2017 was irregular and should be set aside.

The emergency services are effectively the metro’s first responders and include medical services, the fire brigade and disaster management. The municipality has been battling ghost workers and increased financial strain as residents and businesses struggle to pay for services due to the Covid-19 lockdown.

The council resolved on October 31 2019 that Govender’s contract be terminated with immediate effect based on the findings of a forensic report that he misrepresented his qualifications. This did not happen, and Govender was instead put on suspension on full pay.

In December 2020, public protector Busisiwe Mkhwebane ordered the metro to set aside Govender’s appointment, saying the employment contract which will come to an end on July 31 2022 was “null and void” because he did not possess the prescribed qualifications.

The city needed to recover a proportionate and reasonable portion of the amount paid to Govender “in the form of a salary and other fringe benefits commensurate with the post of chief of emergency”, Mkhwebane said in her report.

“The salary paid to Govender from 1 August 2017 to date constitutes unlawful enrichment as he was not qualified for appointment in the post of chief of emergency; and constitutes fruitless and wasteful expenditure on the part of the City of Tshwane.” In the 2019/2020 financial year the number of clean municipal audits declined from 33 to 27, while fruitless and wasteful expenditure amounted to R3.47bn and irregular expenditure amounted to R26bn.

On Wednesday, Griffiths told Business Day that the public protector’s report “is being considered by the city but the city initiated the correct processes” well before the report was released in December 2020.

He said Govender is a section 56 employee, which “indicates that he reports directly to the city manager”.

“The disciplining of section 56 managers is heavily regulated, requiring that a suspension process is first initiated and investigation pursued,” he said. “The ANC knows this; they were part of the council meeting in 2019 when the report requesting suspension was voted on, which they supported. Council cannot arbitrarily fire senior managers; it would result in significant cost orders against the city.”

Griffiths said that after the suspension decision had been taken, the matter was referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) for arbitration.

“Govender’s union subsequently approached the labour court on an urgent basis challenging his suspension. This court action significantly delayed matters. The labour court dismissed the urgency and the city then began with the CCMA processes again,” he said on Wednesday.

“However, thereafter the employee’s legal team approached the court again to have the matter placed on the normal roll, which took place this year and once again delayed finalisation.

“The labour court dismissed this case and the CCMA proceedings were once again initiated and we are awaiting a hearing date with the CCMA,” Griffiths said.

“During this period, the city’s council was also dissolved by the ANC Gauteng government with administrators imposed, and the impact of lockdown has significantly delayed finalising these crucial labour matters.”

When asked if Govender had been on suspension on full pay since 2019, Griffiths responded: “Indeed, the labour processes and Covid have delayed this [matter] massively, [and] working through the labour court and CCMA have been incredibly challenging.”

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2021-09-17T07:00:00.0000000Z

2021-09-17T07:00:00.0000000Z

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