The Labour Court has delivered a scathing ruling against Theewaterskloof Municipality’s head of finance, Paul Mabhena, accusing him of abusing court processes to stall his precautionary suspension as the municipality’s financial crisis deepens by the day.
The ruling, handed down on 30 June in the matter of Mabhena vs Theewaterskloof Municipality and Others (Case No. 2026/128968), struck the matter from the roll and lambasted the senior official for repeatedly turning to the urgent court roll to bypass internal labour-dispute mechanisms.
The court was scathing in its assessment, declaring that the relentless filing of premature urgent applications simply to stall precautionary suspensions constitutes an unacceptable waste of court time and resources.
Mabhena was placed on precautionary suspension on 27 February, following an alleged physical altercation with the municipality’s Director of Community Services, Wilfred Solomons-Johannes, in the municipal boardroom in late January.
According to news reports the violent clash between the two senior officials erupted during a special council meeting, prompting calls from coalition partners that “heads should roll.”
The Labour Court made several critical findings. It ruled that it does not have general jurisdiction to intervene in incomplete disciplinary proceedings, noting such disputes must be referred to the SA Local Government Bargaining Council. The judge further emphasised that under the municipal regulations disciplinary proceedings and precautionary suspensions are entirely separate processes with distinct time frames and the court would not be used as a vehicle to undermine those internal mechanisms.
The ruling comes at a time when the municipality’s top administrative layer – including Solomons-Johannes, who has been suspended as Municipal Manager – remains embroiled in disciplinary and legal turmoil.
Financial situation
Meanwhile, the financial situation at Theewaterskloof continues to deteriorate. In July the National Treasury temporarily withheld the municipality’s equitable-share allocation, alongside 68 other non-compliant municipalities nationwide, citing persistent and serious non-compliance with the Municipal Finance Management Act.
The Western Cape is one of the hardest-hit provinces, with Theewaterskloof, Laingsburg and Beaufort West all on the Treasury’s list. Funds are being redirected in tranches directly to bulk creditors such as Eskom and water boards. Transfers will resume only once the municipality meets strict conditions, including signing payment agreements with creditors and committing to never again tabling an unfunded budget.
The municipality received a damning qualified audit opinion in the Auditor-General’s national local government report, with weak financial controls and going-concern uncertainties cited as major concerns.
It remains under a Financial Recovery Plan, with the Western Cape Government having invoked Section 139 of the Constitution. While a debt-repayment agreement with Eskom has been signed, cash balances and revenue collection rates remain critically low.
Amid the crisis political finger pointing has intensified. The GOOD Party has rejected claims by the Democratic Alliance that coalition partners are responsible for the financial instability, pointing out that GOOD councillors were inaugurated only in November 2024. The party noted that when the unauthorised expenditure was considered by MPAC on 11 June 2025 GOOD voted alongside its coalition partners – including the DA – in support of a Section 106 investigation.
GOOD further highlighted that the recommendation to write R104 million in unauthorised expenditure off for 2022-’23 and R49 million for 2023-’24 was proposed by DA councillor PJ Stander and seconded by DA councillor D Jacobs before Council accepted the recommendation. The party accused the DA of shifting responsibility to score political points.
Western Cape Finance Minister Deidré Baartman subsequently intervened, requesting that Council reconsider its decision. Council resolved to rescind and referred the items back to MPAC, with four related items also referred to the disciplinary board.
Special council meeting
The speaker of TWK, Weldon Wells, called for a special council meeting for Thursday (23 July). The following undermentioned agenda will be discussed: The attention of Councillors is directed to the Code of Conduct for Councillors, Schedule 7 of the Local Government Municipal Structures Amendment Act 2021 (Act 3 of 2021) and Municipal Officials, Schedule 2 of the Local Government Municipal Systems Acts 2000.
