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Sukulwenkosi Dube-Matutu, Plumtree Correspondent
THE Plumtree Magistrate’s Court has dismissed an application by Mangwe Rural District Council to evict its former Chief Executive Officer from a council house saying the matter must be resolved by the Labour Court.

The local authority recently dragged Mr Nketha Mangoye Dlamini to court accusing him of refusing to vacate a council house in Plumtree which is reserved for the CEO.

Plumtree magistrate, Mr Joshua Mawere said Mr Dlamini had approached the Labour Court complaining that he was coerced into resigning due to unfavourable working conditions.

He said the matter was pending at the Labour Court and Mr Dlamini could be reinstated if the matter goes in his favour.

“The applicant has approached the wrong court to deliberate on the issue as this is entirely a labour matter. If constructive dismissal is alleged and the matter is before a labour officer one of the available remedies is reinstatement.

“Tendering a resignation doesn’t mean termination of an employment contract. This then ousters the jurisdiction of this court as it can’t make a ruling whether employment relation between the applicant and defendant is terminated or not. Therefore this application is dismissed,” said Mr Mawere.

On November 18 last year, the local authourity filed an application for summary judgment for the eviction of Mr Dlamini who had resigned from his post in May last year.

Mr Dlamini resigned immediately after he was suspended for a month for allegedly issuing a tender for road maintenance works in an unprocedural manner to Enfund Construction Company.

In its application, council which is being represented by council chairperson Mr Roland Mafesi Ncube said the current CEO was now forced to stay at a local lodge in the border town as Mr Dlamini was refusing to move out of the CEO’s house.

Mr Dlamini was employed by Mangwe RDC from 2006 up to May 30 last year when he resigned.

Mr Ncube said Mr Dlamini was first issued with a three months’ notice to vacate the house but refused stating that council owed him money in outstanding salaries and benefits.

He said council issued summons for Mr Dlamini’s eviction but he also failed to comply.

In response to the application, Mr Dlamini said he still had a claim to the house as he was unfairly dismissed.

Mr Dlamini recently dragged the local authority to the Labour Court for alleged unfair dismissal.

He said he was forced to resign because the council chairperson was intimidating and harassing him. Mr Dlamini said the council chairperson had created a hostile environment that made it impossible for him to carry out his duties.

He approached the Labour Court demanding compensation for forced resignation, his outstanding salary and a package.

The court advised the local authority to meet Mr Dlamini to discuss his benefits and outstanding salary.

@Dube Matutu