New twist in fight between Zitumane and Amatole Water

There was confusion on Wednesday on whether the sheriff of the court had attached Amatola Water cars to pay suspended CEO Vuyo Zitumane the R700,000 the CCMA ruled she must be paid.

Zitumane’s lawyer, Java Mama, said eight cars had been attached, but Amatola said that was not the case, saying an agreement had been reached to stop the attachment of the assets.

The confusion is the latest plot twist in the ongoing fight between Zitumane, who was suspended over maladministration allegations and Amatola.

On Wednesday, Mama was adamant the cars had been attached.

“The eight vehicles were attached last Friday but not removed for sale.”

However, Amatola spokesperson Nosisa Sogayise said “no attachment took place” as the matter had been resolved by the lawyers.  

“They then agreed that this matter has been submitted for review then the attachment will not [be] appropriate. In that case nothing was attached,” Sogayise said.

The Dispatch reported on August 12 that the CCMA had ruled Zitumane’s April 28 suspension was unfair because it was at the behest of human settlements, water & sanitation minister Lindiwe Sisulu.

At the time, Amatola Water board acting CEO Boniswa Hele said they would challenge the ruling as it was “fundamentally flawed”.

“This CCMA outcome does not stand even the most basic legal scrutiny.”

This week Mama said the attachment was to enforce the award, “which includes compensation for violation of her right to fair labour practice”.

“Amatola Water Board rushed to serve a review application against the award on the same day.

“We have allowed them to exercise their statutory right of review, regardless of their meritless review challenge. Ms Zitumane has chosen to invest her energies, and limited resources, on the forthcoming disciplinary process,” Mama said.

He said he had received a request for consent to stay the enforcement of the award.

“Ms Zitumane has refused to give consent and has instructed that enforcement proceeds,” Mama said.

Asked why Amatola thought Zitumane would agree to their request not to attach the vehicles, Sogayise said: “Remember the CEO is in suspension with full pay, inclusive of benefits. Therefore the employer may have requests that are deemed reasonable, therefore this was one of them [sic].”

So why did the water utility not just pay Zitumane the CCMA-ordered amount outright?

“Amatola Water will not hesitate to pay what is reasonable and due and there is an element of managing finances of the organisation regardless of the availability of funds.

“The matter is under review therefore that process will have to be managed accordingly and in the manner that suit[s] such,” Sogayise said.

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