The court also ordered him not to contact municipal staff, councillors, service providers and bankers without the authorisation of the provincial executive representative (PER). He was ordered to return municipal property, including laptops, access cards and records.
The PER, Katlego Gabanakgosi, was appointed when the North West government announced yet another intervention in Madibeng earlier this year. The PER assumed all fiscal and financial functions at the municipality.
Kgatla was placed on precautionary suspension, pending disciplinary action, by the provincial executive representative (PER), Katlego Gabanakgosi, on 4 September after he allegedly tried to make transactions of R22 million while the PER had previously deactivated his access to the municipal bank account.
Kgatla rejected the suspension, saying it was not within the PER’s scope of power, and instituted legal proceedings to set aside the suspension and his removal from the municipality’s banking system. He remained in his office.
The municipality and the PER subsequently brought an urgent application to court on 9 September.
“It was this, Mr Kgatla attempting to process significant payments unilaterally, in a Municipality under intervention precisely because of concerns about its financial management, that led the PER to deactivate Mr Kgatla’s access to the Municipality’s bank account,” acting Judge M Wessels said.
He said that instead of allowing the disciplinary process to be finalised, Kgatla wrote to reject his suspension and stated that he would continue to exercise the powers of Municipal Manager and communicate this to staff.
“These facts create a risk of conflicting instructions to the Municipality’s bankers and staff during a period of financial vulnerability.”
Wessels said the prejudice to Kgatla was limited. “He remains suspended on full pay and benefits pending finalisation of the disciplinary process.”
The suspension lapses automatically if a disciplinary hearing does not commence within three months of the suspension.
Kgatla was ordered to pay the costs of the application.
