South African court bars Quiet Kgatla from acting as Madibeng manager — TimesLIVE

The North West High Court of South Africa upheld a ban preventing Madibeng municipal manager Quiet Kgatla from performing the duties of the municipality’s head and accounting officer during disciplinary proceedings. The decision is linked to two disputed payments of R1.9 million and R20 million which, according to court documents, Kgatla attempted to process without the required approval of a representative of the provincial executive authority.

Risk to municipal finances

As TimesLIVE reports, the court found that the disputed transactions created a financial risk for the municipality. Madibeng has been under provincial financial intervention since 2021 due to a prolonged financial crisis.

After the transactions were discovered, Kgatla was to be temporarily suspended and disciplinary proceedings initiated. He objected to the suspension and stated that he would continue to exercise the powers of the municipal manager. Acting Judge M. Wessels noted that this created a risk of conflicting instructions to banks and municipal employees during a period of financial vulnerability.

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Access to the bank account

A representative of the provincial executive authority deactivated Kgatla’s access to the municipality’s bank account. Kgatla argued that he had only approved the transactions rather than carried them out directly. At the same time, the court drew attention to his letter to the bank dated 28 August, in which he identified himself as the accounting officer and municipal manager and demanded the urgent restoration of access to the banking profile.

The court concluded that the content of the letter was inconsistent with the claim that the official had a solely approving role. Kgatla also challenged the authority of the provincial government representative to suspend him, but the court did not agree with his legal position.

Restrictions during the disciplinary case

Kgatla was barred from visiting municipal premises and from contacting its employees, council members, service providers and banks without written permission from a representative of the provincial executive authority. He must also return municipal property, including laptops, access cards and records. The acting municipal manager was authorised to take over the functions for the duration of the disciplinary process, while Kgatla remains suspended on full salary and benefits.