Who is the witness reinstated in Zandile Gumede case?
Former eThekwini mayor Zandile Gumede
The Labour Court in Durban has handed down a ruling ordering the eThekwini Municipality to reinstate an investigator from its City Integrity and Investigations Unit (CIIU) after finding that his dismissal in December 2024 was unlawful and procedurally flawed.
The investigator, who cannot be named as he is a protected state witness in the R320 million Zandile Gumede corruption trial, was accused of misconduct relating to the municipality’s contract with Integrity Forensic Solutions (IFS), a forensic company tasked with investigating allegations of fraud and corruption linked to former eThekwini mayor Gumede.
The dispute originated in May 2024, when the municipality issued a disciplinary notice against the investigator. Instead of proceeding internally, the investigator applied to the South African Local Government Bargaining Council (SALGBC) under Section 188A of the Labour Relations Act, requesting that an independent arbitrator preside over the matter.
The SALGBC ruled twice in his favour—first in June and again in December 2024—making it clear that the case should proceed through a pre-dismissal arbitration process, not the municipality’s internal structures.
However, the municipality pressed ahead with its hearing, chaired by Sbonelo Mchunu, with Bokang Molefe acting as the initiator. Despite an urgent Labour Court application to halt the process, the internal hearing went ahead, and the investigator was dismissed on 13 December 2024.
Delivering her judgement, Judge Benita Whitcher criticised the municipality for “exceeding its legal authority” and said the refusal to recognise the arbitration council’s jurisdiction rendered the entire disciplinary process “legally meaningless”.
She subsequently set aside the dismissal as null and void, ordered the municipality to reinstate the investigator by 18 August 2025, and directed the city to cover his legal expenses.
The ruling not only reinstates a key state witness in the Gumede case but also underscores the importance of municipalities adhering to proper labour law procedures and respecting arbitration bodies.