A rushed settlement entered into by the beleaguered Umdoni local municipality (Umzinto) in southern KwaZulu-Natal with an “unfairly” axed senior official has come back to haunt the entity.
In October this year, the municipality entered into a settlement to reinstate Dr Bongiwe Mbatha as the head of Human Resources.
This was after Mbatha had scored a reinstatement at the SALGA bargaining council, which ruled that her firing in November 2022 was unfair. Left with an egg on the face, the ANC-run municipality then rushed to appeal the matter at the Labour Court in Durban.
Sensing defeat, the municipality then reached out to Mbatha’s lawyers for a settlement, and it was accepted.
She returned to work even though the matter was not withdrawn in court.
“After intense deliberation by role players on the matter between yourself and the municipality, taking into consideration the arbitration award that was issued by the bargaining council, we advised you as follows: 1. You are advised to report for duty from or by Wednesday 1st October 2025 and commence with your duties as HR Manager.
“2. Whereas the matter between yourself and the municipality is not concluded, the municipality deems as correct to reinstate you to your position as HR Manager, whilst further engagements to find an amicable solution to the matter, are being considered,” reads the letter, which was signed by West Gumede, the acting municipal manager and sent to Mbatha.
Mbatha accepted the offer, and according to inside sources, she is now demanding that the municipality must settle her legal fees and pay her for leave days.
A source said Mbatha is exploiting the fatal mistake by Gumede, who failed to draft a proper settlement plan.
“It is clear that Mbatha has realised that the municipality is now on back foot as it failed to draft a proper settlement plan. Hence she is now demanding to be paid for leave, which does not apply when you are reinstated,” a source said.
Gumede failed to respond to the African Times on why they reinstated Mbatha without a proper plan. He initially promised to provide a response and later disappeared.
