NewsPREMIUM

Mayor risks having vehicle attached over failure to pay reinstated official

Ngenisile Tekile has been voted new mayor of the Great Kei municipality.
Ngenisile Tekile, mayor of the Great Kei municipality. (Supplied)

The Great Kei municipality risks losing mayor Ngenisile Tekile’s official vehicle after the sheriff of the court moved to attach it over the municipality’s failure to pay a traffic officer more than R235,000 following a labour ruling declaring his dismissal unfair.

Traffic officer Aphelele Ngcaku was dismissed in 2024 after being accused of fraud, corruption and gross dishonesty linked to the alleged irregular issuing of a learner’s licence to a person who was not present to write a learner’s test.

However, the South African Local Government Bargaining Council (SALGBC) later found his dismissal to be substantively unfair and ordered the municipality to reinstate him with backpay amounting to R235,200 by August 31 2025.

“The respondent Great Kei Local Municipality is ordered to reinstate the applicant [Ngcaku] on terms and conditions of his employment no less favourable to that which he had enjoyed prior to dismissal,” the ruling by the bargaining council states.

“The respondent is directed and ordered to pay the applicant backpay in an amount of R235,200, to be paid no later than August 31 [last year].”

Ngcaku returned to work on August 4 following the ruling but was allegedly dismissed again shortly afterwards.

He is now preparing to challenge that dismissal in the labour court.

The municipality’s failure to pay the amount owed led to steps being taken to attach the mayor’s vehicle to recover the money.

Sources told the Dispatch the sheriff was in the process of attaching the vehicle on Wednesday.

Ngcaku’s legal representatives said the total amount owed could now rise to between R300,000 and R500,000 when legal costs, bonuses and other losses were included.

If anything is being attached, it has to come through me as the accounting officer

Great Kei municipal manager Lawrence Mambila denied knowledge of any attachment order involving the mayor’s vehicle.

“From my side, the only thing I know is that yesterday I got communication from people who said they were his [Ngcaku’s] lawyers asking for a settlement, I do not know of the matter [of the vehicle attachment],” Mambila said.

“The claims have not yet reached me, we know Ngcaku’s story and he knows his story but we do not want to speak about this to the media.

“If anything is being attached, it has to come through me as the accounting officer.

“The sheriff does not just go taking things.”

Mambila said he could not comment further because the matter was sub judice.

Yandisa Tsipa of Tsipa Attorneys, representing Ngcaku, confirmed they were pursuing contempt of court proceedings against the municipality for allegedly failing to comply with the order to reinstate him.

The South African Municipal Workers Union (Samwu) regional chair in Amathole, Victor Totolo, criticised the municipality’s handling of the matter.

“We are grossly disappointed by the posture of the Great Kei Local Municipality in relation to this matter.

“It’s nearly two years now since the employer has been blowing hot and cold, all in a bid not to honour the directive of the SALGBC,” Totolo said.

“Further to that, the employer refused to reinstate the employee and cited that they would review the matter.”

Totolo said the municipality was now in contempt of court.

“The posture of Great Kei isn’t alien and foreign to the modus operandi of other municipalities within the Amathole region.

“In the Amathole region, we have employers who simply view discipline in the workplace as a tool to purge workers, settle personal vendettas, and above all have no regard of the laws of this country.

“We condemn what Great Kei and all other municipalities within the Amathole region are doing to the toiling workers,” he said.

Attempts to obtain comment from the sheriff were unsuccessful.

Ngcaku said the matter had placed severe strain on him and his family, particularly because he was the primary breadwinner in his household.

Daily Dispatch


Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.

Comment icon