Moqhaka Local Municipality has officially announced the dismissal of their Municipal Manager Portia Tshabalala following a disciplinary hearing outcome that found Portia Tshabalala guilty of Financial Misconduct, specifically for contravening the provisions of the Municipal Finance Management Act (MFMA).
This comes after the Council resolved, during a Special Council Meeting held on 29 January 2026 in Kroonstad, to dismiss Tshabalala.
Findings and recommendations of the disciplinary hearing dated 04 November 2026 inspired Council to resolve that dismissal was the appropriate and lawful sanction.
According to the municipal spokesperson Dika Kheswa: “This decision follows Council’s careful deliberation on the outcome of a protracted disciplinary hearing relating to the appointment and payments of PKC Consulting (Pty) Ltd, a consulting company appointed to conduct ICT data recovery services after the municipality experienced a cyber-attack in 2023.”
The MEC for Cooperative Governance and Traditional Affairs (Cogta), Saki Mokoena is expected to second a qualified and competent individual to serve as Acting MM of the municipality.
Kheswa said this is to ensure that there is continuity of leadership and stability within the administration. “The Municipality wishes to assure residents, employees, stakeholders that this transition will not disrupt service delivery.
Moqhaka Local Municipality remains fully committed to good governance, accountability, transparency and uninterrupted provision of basic services,” Kheswa said.
BACKGROUND: Tshabalala was suspended on March 1, 2024. A notice of a disciplinary hearing was served on May 31, 2024 (the final day of the 3-month suspension period), but the hearing did not formally commence until later.
Initially, the Labour Court held that the disciplinary hearing commenced when the notice of charges was served, meaning the suspension had not lapsed.
The suspension lapsed by operation of law on 31 May 2024, and the municipality was ordered to reinstate the employee. On 21 November 2024, the Labour Appeal Court (LAC) overturned this decision. The LAC ruled that the hearing must actually commence (charges read) within 3 months, not just be served.
JUDGEMENT: In an effort to block the disciplinary hearing, Tshabalala went to the court of law. The Labour Court of South Africa, Johannesburg dismissed her application with costs.
The judgement of the matter between Tshabalala, Advocate Harriet Mutenga N.O as the first respondent and Moqhaka Local Municipality as the second respondent was handed down on 02 February 2026.
Acting Judge in the Labour Court of South Africa, Sean Snyman indicated Tshabalala is ordered to pay the second respondent’s costs on the attorney and client scale.
“…what the applicant has brought to this Court, in the current application, is yet another instance of abuse of process by a senior official in the public service, seeking to scupper disciplinary proceedings, instead of simply participating in the same to the end and then only challenging any adverse outcome, which is what is actually contemplated by the Labour Relations Act (LRA).”
The Council had to wait for the court judgement before the take a decision to dismiss her.
