Council

CITY RESPONDS TO REPORTS ON CONTEMPT OF COURT RULING AGAINST CITY MANAGER

By Thulasizwe City of Ekurhuleni 1464

The City of Ekurhuleni notes with concern recent media reports regarding the Labour Court proceedings involving City Manager, Dr. Imogen Mashazi. The reporting is not factual and has caused unnecessary reputational damage to the City Manager.

The responsibility for implementing the arbitration award did not lie with the City Manager, but rather with the relevant Senior Manager for Employee Relations in the Human Resource Department and the law firm that was appointed at the time.

These facts have been overlooked, resulting in a misleading narrative about Dr. Mashazi’s role. This is unfortunate, particularly given that the matter has been settled and key facts have been ignored or misrepresented.

To clarify:

  1. On 6 March 2025, when the Labour Appeal Court (LAC) heard the matter, the Court was informed that the dispute had been settled and that both unions involved had formally withdrawn their opposition.
  2. The case had been handled by previous attorneys representing the City from 19 June 2018 until January 2024. Unfortunately, during the contempt proceedings in February 2023, no answering affidavit was filed on behalf of the City or the City Manager. The Court was therefore left with only the union’s version of events.
  3. The Labour Court issued a contempt of court finding and imposed a wholly suspended sentence of imprisonment on 17 February 2023. Leave to appeal was refused by the Labour Court on 17 January 2024.
  4. The City appointed new legal representatives and launched an application for leave to petition the Labour Appeal Court on 31 January 2024.
  5. The Labour Appeal Court then granted leave to appeal.
  6. The City then pursued settlement negotiations, and the matter was eventually resolved on terms significantly lower than those set out in the original arbitration award. The original (unquantified) award exposed the City to claims in excess of R40 million. Importantly, the City’s challenge to the legitimacy of the arbitration award remained consistent throughout.
  7. In the signed settlement agreement, SAMWU acknowledges in paragraph 9 that, having considered the City’s explanation, it accepts the explanation for the award as plausible.

While the Labour Appeal Court did not overturn the contempt finding, it did overturn the suspended sentence.

The City maintains that Dr. Mashazi was never personally served and had no knowledge of the arbitration award during the relevant period, a fact reflected in paragraphs 7.12–7.15 of the application for leave to appeal. Responsibility for implementation rested with the relevant officials and legal representatives and not the City Manager.

This matter is now settled, and there is no legal basis for any arrest or imprisonment of the City Manager. The City is considering all available options, including potential civil claims against the legal representatives who failed to act during critical stages of the case.