Former Executive Director at Drakenstein Municipality Jacqui Samson-Swartz, who challenged her dismissal from the Drakenstein Municipality, has been successful in her arbitration process.
Samson’s employment contract with the municipality was terminated on 31 March 2023 in terms of municipal regulations. In terms of the Municipal Regulations on Minimum Qualification Levels, as part of Samson’s employment contract, she had to achieve the minimum prescribed competence requirements within 18 months.
Samson opposed her dismissal and referred the matter to the South African Local Government Bargaining Council (SALGBC), alleging that she was unfairly dismissed.
Last week SALGBC found that the dismissal was both substantively and procedurally unfair.
Samson said in a media statement that this has been a long and lonely road since her dismissal.
“At this time, she would like to put this entire matter behind her and focus on growing her fledging business which has a special emphasis on town planning consulting services.
“I am massively relieved at the outcome of this process. I do hope that those who find themselves in similar circumstances continue to fight for what they believe in. When I reflect on my employment period with Drakenstein Municipality, I appreciate the time and believe I added immense value as the Executive Director for Planning and Development within the Municipality.”
Samson further said: “I would like to thank all those who reached out to me, offered advice and support during this time”
She said that the matter is now closed and that she will not be making any further comment.
Serja Johaar of the Drakenstein Municipality welcomed the outcome. “The circumstances surrounding the dismissal of Samson were both unique and unprecedented in local government. In an over-regulated local government environment, the laws governing financial and employment conditions of senior staff, such as Samson, must be counterposed against employment law.”
Johaar said that while the dismissal was deemed to be unfair in terms of employment law, the continued employment of Samson would have been unlawful under the Local Government: Municipal Finance Management Act, 2003, and the Competency Regulations.
“We have been advised that there are grounds to take the matter on review to the Labour Court. However, because the departure of Samson presented the Municipality with an opportunity to enhance the Public Safety function and restructure other functions into a more effective and efficient service, the Municipality will abide by the judgment.”
