and making them fear to give evidence. But he never banned Applicant totally from communicating with witnesses who were work colleagues in the ordinary course of business as Applicant subsequently wanted the disciplinary committee and tribunal to believe. [9] On 22 February 2012 Applicant appeared before a disciplinary committee of the Thaba-Tseka District Council, charged with Misappropriation, Wilful disregard provisions of law and procedure (sic), and Insubordination [as detailed to pages 60-63 of the record]. After pleading not guilty to all the charges he refused to participate any further in the proceedings because in his view this would breach his bail conditions as he had (in his own words) been strongly warned by the magistrate to from communication with Crown witnesses in any way “refrain … whatsoever pending the hearing of the criminal case. Further that if [he] should be heard or seen communicating with them in any manner whatsoever, [he] would be summarily arrested and committed to [page jail” 39-40 of the record]. [10] The disciplinary committee decided to continue with the hearing in his was found guilty and a recommendation for his dismissal absence. “He was made to the office of 1st [page 26 respondent which duly confirmed” of the record, at paragraph 11]. [11] On 5 April 2012 Applicant wrote a letter to 1st Respondent [page 39-40 of the record] appealing against decision of the disciplinary committee, “the in terms whereof [he] was found guilty on four counts without a hearing and sentenced to dismissal from the Local Government He Service”. implored 1st Respondent "to reconsider the conviction and sentence …
and making them fear to give evidence. But he never banned Applicant totally from communicating with witnesses who were work colleagues in the ordinary course of business as Applicant subsequently wanted the disciplinary committee and tribunal to believe. [9] On 22 February 2012 Applicant appeared before a disciplinary committee of the Thaba-Tseka District Council, charged with Misappropriation, Wilful disregard provisions of law and procedure (sic), and Insubordination [as detailed to pages 60-63 of the record]. After pleading not guilty to all the charges he refused to participate any further in the proceedings because in his view this would breach his bail conditions as he had (in his own words) been strongly warned by the magistrate to “refrain from communication with … Crown witnesses in any way whatsoever pending the hearing of the criminal case. Further that if [he] should be heard or seen communicating with them in any manner whatsoever, [he] would be summarily arrested and committed to jail” [page 39-40 of the record]. [10] The disciplinary committee decided to continue with the hearing in his absence. “He was found guilty and a recommendation for his dismissal was made to the office of 1st respondent which duly confirmed” [page 26 of the record, at paragraph 11]. [11] On 5 April 2012 Applicant wrote a letter to 1st Respondent [page 39-40 of the record] appealing against “the decision of the disciplinary committee, in terms whereof [he] was found guilty on four counts without a hearing and sentenced to dismissal from the Local Government Service”. He implored 1st Respondent "to reconsider the conviction and sentence …
PHAILA%20n%20PS%20LOCAL%20GOV%20n%20ORS.docx