While city spokesperson Msawakhe Mayisela said the process against Phungula had not been finalised, highly-placed sources confirmed that Phungula’s dismissal was effective from yesterday.

One official said the ruling by advocate Maurice Pillemer SC, who presided over Phungula’s hearing, had reached the city early on Monday morning.
“So yes, he has been fired, effective today (Monday). But he can still appeal, although it would mean him appealing to the city manager - the same person who charged him. He can also go to the bargaining council if he wants to challenge his dismissal,” said the official.
At the centre of the charges against Phungula was the recording in which he is heard bragging of his political ties and where he repeatedly refers to Indians, including eThekwini chief financial officer Krish Kumar, as c*****s.
In the recording Phungula also makes disparaging remarks about city manager Sipho Nzuza, and makes it clear that his “political mandate” is to ensure that suspended supply chain management official Zandile Sithole returns to work.

When contacted yesterday, Phungula said he had not received any communication regarding the dismissal and refused to comment further.
In a ruling dated last Friday, Pillemer said he had considered representations he received from Phungula.
In these, Phungula pleaded for leniency, pointing out that it was the first time he had been charged with misconduct by the municipality and that the derogatory term he used to refer to Indians had been used in a private telephone discussion.
Phungula had suggested that the appropriate sanction was a final written warning and that he be referred to racial diversity management training and counselling.

But Pillemer dismissed this, saying the conversation was not a private chat between friends, but “rather a conversation between the head of the legal department and a senior official”.
He said the racially-charged insults would have been serious even if they had nothing to do with work. But given the nature and context of the conversation, he believed that the sanction of dismissal was the only appropriate action.
He further said the telephone conversation demonstrated that Phungula believed he was not answerable to Nzuza, but rather to certain politicians.

It was further found that Nzuza and Phungula could not “be expected to work together” as the contents of the telephone call had “utterly destroyed their strained relationship”.
Phungula is still facing a probe from the South African Human Rights Commission after a complaint was laid by Nicole Graham, the leader of the DA caucus in eThekwini.

Source: The Mercury