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Council must pay as employee’s case is dragged out

Publish date: 20 February 2007
Issue Number: 1769
Diary: Legalbrief Today
Category: Labour

The Knysna municipality has spent more than R500 000 in legal fees and salaries for municipal official Velile Waxa, who has been suspended for the past 19 months.

Municipal finance director Grant Easton, says The Herald, has also confirmed that the municipality has had to pay R400 000 in legal fees to the Pretoria law firm representing the municipality. Easton said the situation was ridiculous. ‘The problem is that this is a disciplinary hearing and you cannot suspend him without pay.’ Under the municipal conditions of employment, an official who is being investigated internally cannot be suspended without pay. Easton said the inflated legal costs were a result of Waxa‘s legal team regularly asking for postponements in the case. Waxa was first suspended for 10 days on July 14 2005, on charges including inciting violent behaviour after leading a Samwu march two days earlier. A lawyer for the municipality said an outcome was expected by March 12. If Waxa was then found guilty, the legal team would decide on the necessary sanctions, including his possible dismissal. Full report in The Herald

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