Another court defeat for Public Protector
The Public Protector is on a legal losing streak with the latest setback coming in the Labour Court, which has ruled against her in a dispute involving two staff members.
Busisiwe Mkhwebane altered a disciplinary outcome and decided to dismiss the senior staffers with immediate effect instead, notes a News24 report.
In the judgment on Friday, Labour Court Judge Edwin Tlhotlhalemaje said the assertions of the executive manager, Ponatshego Mogaladi, and chief investigator, Lesedi Sekele, that Mkhwebane had already decided their fate by dismissing them, were not misplaced.
The two faced allegations of gross negligence or recklessness, unprofessional conduct, and gross dereliction of duties.
In April, the chairperson recommended that Mogaladi be suspended for six months without pay and be issued with a final written warning, and that Sekele be suspended for two months without pay and be issued with a final written warning.
Mkhwebane wrote to the pair on 7 May, attaching the chairperson's findings in the disciplinary hearing.
She said in the letter that she decided not to implement the sanction and dismissed the pair with immediate effect instead.
They had until 18 May to make representations to her to say why they should not be dismissed.
The pair approached the Labour Court on 14 May, challenging Mkhwebane's decision.
Tlhotlhalemaje found that the staffers' scepticism of Mkhwebane's intentions was not misplaced, notes the News24 report.
‘Even if it were to be assumed that the Public Protector was entitled to alter the sanction and request the applicants to make representations, the circumstances would have been slightly different had the Public Protector afforded them an opportunity to make a representation as to why a different sanction, other than or including a dismissal, ought to be imposed. Instead, they are informed that they are dismissed with immediate effect, and are thereafter called upon to show cause why they should not be dismissed. The irony is clearly self-evident, and the applicants' scepticism of the Public Protector's bona fides is not misplaced.’
Mkhwebane was ordered to immediately implement and comply with the final sanctions which the chairperson of the disciplinary hearing imposed.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
