The Labour Court has rejected Julius Mkhwanazi’s urgent application to stop disciplinary action, clearing the way for the City of Ekurhuleni to proceed with the hearing against the suspended Ekurhuleni Metro Police Department (EMPD) deputy chief commissioner.
Mkhwanazi had argued that the city had no authority to discipline him for alleged misconduct linked to a contract that has since been terminated, but the court dismissed this argument, finding that a change in contract or employment position does not shield an employee from accountability for alleged wrongdoing committed under a previous agreement.
Background to the Case
The allegations against Mkhwanazi include links to suspected crime figure Vusimuzi “Cat” Matlala and illegally registering Matlala’s private vehicles under the municipality’s name. Mkhwanazi is a central figure in the allegations of corruption raised at the Madlanga Commission, which is investigating corruption and maladministration in the City of Ekurhuleni.
The court’s ruling means that Mkhwanazi must now face the disciplinary hearing, which could have serious consequences for the senior officer. The hearing is expected to proceed, and Mkhwanazi is also expected to testify before the Madlanga Commission on April 14.
Implications of the Ruling
The ruling has significant implications for Mkhwanazi and the City of Ekurhuleni. The city is now free to proceed with the disciplinary hearing, and Mkhwanazi must answer to the charges. The ruling also sets a precedent for future cases, making it clear that employees cannot avoid accountability for alleged wrongdoing by arguing that they are no longer in the same position or that the contract has been terminated.
Some of the key points to note from the ruling include:
- The Labour Court has the authority to hear cases related to disciplinary action against employees.
- A change in contract or employment position does not shield an employee from accountability for alleged wrongdoing committed under a previous agreement.
- Employees must face disciplinary hearings and answer to charges, even if they are no longer in the same position or if the contract has been terminated.
The case is a significant development in the ongoing efforts to root out corruption and maladministration in the City of Ekurhuleni. The Madlanga Commission is continuing its investigation, and the disciplinary hearing against Mkhwanazi is expected to proceed.
