Makana council yesterday made a decision to seek an out-of-court settlement with suspended municipal manager Ntombi Baart.
Makana council yesterday made a decision to seek an out-of-court settlement with suspended municipal manager Ntombi Baart.
This was agreed in a confidential special council meeting yesterday after the scheduled disciplinary hearing for her was postponed. Municipal spokesperson Mncedisi Boma that in a closed session during Tuesday's Council meeting, Director of Technical Services and Infrastructure Thembinkosi Myalato was appointed acting municipal manager on a month-to-month basis.
Boma refused to comment about yesterday's rushed special council meeting, however, saying he would call a press conference soon. A reliable source told Grocott's mail yesterday that the Council had decided to offer Baart two months' salary and 38 leave days, amounting to around R309 000, but that her contract would end next September.
The council decided to settle the matter and advertise her post. Yesterday Rushmere Noach Attorneys, who are representing Baart, refused to comment on her case. Boma said the discussion about Baart's suspension had been closed to the media in Tuesday's meeting because it was still sub-judice. "It is an internal hearing. We don't want to talk about the issue and implicate ourselves. He said this was done in accordance with legal advice."
According to the agenda, Baart challenged her suspension last month through the Commission for Conciliation, Mediation and Arbitration (CCMA) on the basis of unfair labour practice. She was demanding that Makana reinstate her as municipal manager and abandon proceedings against her.
Her disciplinary hearing, scheduled to start on Tuesday, was postponed according to Boma. This came a week after her 90-day suspension ended. Baart was suspended in June following allegations of serious misconduct against her.
The agenda further states that Baart submitted notice of motion to the Labour Court, asking it to rule on the dispute between her and the municipality. On 3 September Baart had attended a pre-disciplinary hearing.
Baart was suspended by the municipality on 19 June on charges of serious misconduct, during the 90-day suspension she has received her full salary of R87 000 per month. Makana has had various directors acting in Baart's position on a month-to-month basis.
In a Council review on 30 March of its three successive poor audit outcomes, it was claimed that these related directly to the municipal manager's performance.
