Tshwane finance boss fired

Chief financial officer of the City of Tshwane, Andile Dyakala, has been fired, eight months after being placed on suspension for alleged irregularities related to a printing tender. Dyakala was facing additional charges of violating the conditions of his initial suspension, bringing the city into disrepute by making defamatory statements on Facebook and apparently intimidating potential witnesses. Following a lengthy disciplinary process, he received a notice of termination of his contract of employment from lawyers acting for the City of Tshwane. His notice period ends on April 6. The dismissal followed a resolution at the February ordinary council meeting that he accepted the city’s settlement offer or faced the termination of his employment contract on the basis of a breakdown of the trust relationship.

It was the council’s view that the employment relationship of trust was key and indispensable to its operations. This had broken down irretrievably, it stated. The council resolution also applies to Tshilidzi Nemahagala, strategic executive director in the office of the municipal manager. Nemahagala, who was suspended with Dyakala in July last year, is facing a similar fate unless he accepts the city’s settlement offer approved by the council last month. He was suspended for alleged misconduct, which included insubordination, harassment, intimidation, absenteeism without authorisation, and dereliction of duty. Legal costs to date related to Dyakala’s case amount to R1.2 million and R600 000 for Nemahagala.

Both had been on full pay, while the city also compensated employees acting in their positions with related allowances. Further meetings were scheduled relating to Nemahagala’s matter on request of his lawyers, the last of which will be held on Friday. Dyakala, whose monthly salary of R160 000 is public information, wrote to the city a few weeks ago through his legal representatives proposing a settlement. The proposed settlement was without admission of guilt, and aimed at settling the “long and arduous” process. It suggested a 12-month salary, which the lawyers said was a few months less than what was left on his employment contract with the city.

He wanted charges against him by the city to be withdrawn and proposed immediate resignation from his cushy job. But the council resolved to make a counter offer, which proposed a three-month salary plus a one-month payout in lieu of his accrued leave. He was also required to resign immediately. The arrangement was to constitute a full and final settlement of all matters of dispute. For the purpose of consistency, a similar offer was extended to Nemahagala. There was a condition that should the officials not accept, their contracts of employment would be terminated on the basis of a breakdown of the trust relationship. The council acknowledged challenges were experienced and costs incurred, by virtue of being the first municipality to implement disciplinary regulations. It added the process was slow and frustrating and was worsened by the regular unavailability of legal representatives when dates were required and because of their ill health.

Dyakala’s lawyer, Luvuyo Qina, told the Pretoria News they viewed the termination of their client’s employment contract by the city as unlawful, nor were the terms of the settlement offered by the employer acceptable to Dyakala. Qina said Dyakala was prepared to return to work if the situation surrounding his employment was resolved. The termination of Dyakala’s employment contract will be challenged in due course. The City of Tshwane declined to comment. Seven other senior city officials and two councillors are on suspension. They are:

• Tom Mutshidza
• Pheko Letlonkane
• Bongiwe Zwedala
• Kagiso Leepile
• Dayalan Pillay
• Tswelopele Maabane
• Bukosi Zweni
• Councillors Apson Makaung and Solomon Phiri