JUSTIN ARENSTEIN, Nelspruit | Monday
SELF-CONFESSED fraud and controversial Mpumalanga youth leader James Nkambule, who has starred prominently in every major scandal in the province over the past five years, has again foiled Premier Ndaweni Mahlangu’s attempts to oust him from government.
Nkambule and three other senior local government officials are back at work after winning a protracted labour dispute last week over their dismissal on gross misconduct charges in July 2000. They had allegedly threatened their departmental head, Bruno Vilani, with physical violence during a heated meeting about suspected nepotism.
The Commission for Conciliation, Mediation and Arbitration (CCMA) ruled that although the incident was unacceptable, the misconduct was not severe enough to warrant dismissal.
CCMA commissioner Advocate Josiah Shongwe ordered Nkambule’s immediate reinstatement and also instructed the province to pay him R90_000 in salary arrears and R9_500 in legal costs.
The turn-around is Nkambule’s second successful legal challenge against a dismissal order. He was previously reinstated in April 2000 just three weeks after Premier Mahlangu branded him undesirable and fired him from government.
The outspoken youth leader, who is credited with toppling Mahlangu’s predecessor Mathews Phosa, was secretly reinstated following warnings by the State Attorneys that Mahlangu’s decision to summarily dismiss Nkambule without following established disciplinary procedures and without supplying specific reasons was unlawful.
Nkambule refused to accept the dismissal and said he would only go “quietly” if government paid him a R867 000 golden handshake – the equivalent of his salary for the next four years.
The Teflon-coated Nkambule appears to thrive on controversy and has managed to retain a pivotal role in provincial politics, despite being a self-confessed fraud who was axed as Mpumalanga ANC Youth League secretary last year after a highlevel ANC commission of inquiry branded him a factionalist.
The Maphisa-Nqakula Commission found that Nkambule systematically abused his ANC position to lead divisive campaigns for personal political gain and banned him from public office until the party’s redeployment committee decided he had been ‘reformed’.
He is meanwhile also still fighting 77 criminal theft and fraud charges for allegedly helping suspended Mpumalanga Parks Board chief and key ANC funder Alan Gray siphon over R2,3m out of State coffers through a network of shady front companies.
Nkambule has publicly admitted that at least R105_000 of the money was channelled directly to the ANCYL, while additional large amounts were used to bankroll at least two ANC provincial congresses, as well as pay for conferences, ANC promotional material and political campaigning by party leaders. – African Eye News Service
ZA*NOW
Controversial parks chief finally gets hoof November 29, 2000
Disciplinary hearing fades to Gray November 2, 2000
Grays hearing postponed … again October 26, 2000
R1,1m windfall for suspended parks chief October 24, 2000
Gray wins 5th court reprieve July 11, 2000
Background
Background on provincial corruption
Background on Alan Grey and Mpumalanga Parks Board