Johannesburg - The DA in the City of Johannesburg is considering legal action over ex gratia payments that fixed-term workers were supposed to receive after ex-mayor Mpho Phalatse left office.
The political staff members were supposed to receive the equivalent of three months of their salaries after the collapse of the multi-party coalition. But the decision had been voted against in a council sitting last week.
Phalatse’s former chief of staff, Mike Moriarty, said the DA was considering legal action over the matter. He said the DA would exhaust other avenues for resolving the issue before approaching the courts.
"The one place that we are looking at going to is the South African Local Government Bargaining Council; one of our colleagues is going there. A letter of intent has been issued by one of the unions, Imatu. This is not just a DA matter; this involves all workers who have been on the short end of this decision," he said.
Moriarty said the decision did not make sense and would set a precedent for future political office workers.
The Star understands that workers who were employed in political office under the ANC received ex gratia payments when their political principals left office. Some councillors on the opposition benches said it was unfair for workers linked to the DA not to receive any payouts while even the 130 that were let go by the DA had been given six months payouts.
The Star has seen a letter that had been sent to Moriarty from the City indicating that the ex gratia payments would not be made.
The letter says: “We confirm that in our last correspondence we stated that the decision of the payment of ex gratia is being legally vetted. Kindly be advised that the council has approved the outcome of the said legal vetting and has resolved to rescind the ultra vires decision previously taken to pay unlawful ex gratia benefits. Consequentially, kindly find attached the final directive of the City Manager in respect of this matter.”
Moriarty said the municipality said it would look to the South African Local Government Association (Salga) for guidance on issues of ex gratia payments for political staff.
The Star