By 11am this morning, Mamodupi Mohlala had not been able to have her office at the Department of Communications unlocked so she could resume work as director-general, as stated in the Labour Court settlement.
“I had given them until 11am to open my office, and I am still waiting for the minister's (communications minister Siphiwe Nyanda) adviser to arrive. I was told at 10:15 he would be here in 30 minutes,” Mohlala told ITWeb just before her deadline.
Mohlala arrived for work just before 9am this morning, without her lawyer, as she said she wanted to resume work without any acrimony. However, she has not been able to gain entry to her office since then.
No Department of Communications spokesperson has been available for comment this morning.
Should Mohlala not be allowed to resume work as the most senior public servant at the department, Nyanda could face a contempt of court charge.
In terms of the agreement reached between Mohlala and Nyanda (as part of the state), she would be allowed to resume work today (27 September) if no other position was found for her in the public service with the same terms and conditions.
Although a Government Gazette stated that Department of Education director-general Mary Metcalf had appointed Mohlala as the administrator of the Public Service Sector Education and Training Authority for a period of six months, Mohlala said she had not signed any agreement to accept the position.
That position, along with a number of others, had been put to her; however, no agreement had been reached.
Undefended dismissal
Communications minister Siphiwe Nyanda abruptly dismissed Mohlala on 23 July, saying the reason was a breakdown in trust between the two.
This led to Mohlala filing an urgent application with the Labour Court to have her dismissal declared unlawful and that she be either reinstated or be transferred to another public sector post of equivalent status.
As part of her legal strategy and right, Mohlala also wrote to President Jacob Zuma's office and he tasked public service and administration minister Richard Baloyi to intervene in the matter.
The first Labour Court hearing was held on 30 July, when a temporary agreement was reached allowing Nyanda to file an answering affidavit on 17 August and for another hearing to be held on 26 August. However, Nyanda failed to file his defence of Mohlala's dismissal.
In terms of the settlement, Mohlala has taken one month's paid leave and her contract as the most senior public servant in the DOC still has two years to run.
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