Suspension of “whistleblower” traffic officers is unlawful, court rules

The traffic department in Ngcobo. Archive photo: Johnnie Isaac

Six traffic officers, suspended by Dr AB Xuma Municipality after lodging formal grievances about dysfunction in their department, must be reinstated, the Eastern Cape High Court in Mthatha has ruled.

The court had ruled in February 2025 that the officers should not have been suspended without a pre-suspension hearing and that it was therefore unlawful. Acting Judge Mzamo Nobatana on Thursday dismissed with costs an application by the municipality to appeal the ruling.

The six officers – Lonwabo Delihlazo, Khanyisile Nkele, Bongani Mnyande, Nombuyiselo Sitemela, Sandla Mdingi, and Tobeka Sogawu – had complained about the state of their department to the municipality.

They alleged that the department was mismanaged, with no daily parades, work plans, or delegation of duties. They had no ticket books or report forms to record accidents, nor did they have equipment such as speed traps or breathalysers. They also said that some officers were earning more than them despite not having traffic diplomas.

But within weeks of complaining, the officers were charged with insubordination and received a notice to attend a disciplinary hearing. The hearing did not take place. The officers then lodged a dispute with the South African Local Government Bargaining Council, alleging unfair labour practices.

Then, on 31 May, municipal manager Khathutshelo Mulaudzi sent the officers letters ordering them to return their uniforms and not report for duty. And on 12 August, the officers received a notice placing them on precautionary suspension.

The court ruled that suspending the officers without a hearing violates the bargaining agreement between the council and the municipality.

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