Communications minister Siphiwe Nyanda has been sent a list of questions by Cope. The opposition party wants to drill down into the reasons for the fiasco surrounding the dismissal of Department of Communications (DOC) director-general Mamodupi Mohlala.
Cope communications spokesperson Juli Kilian wants Nyanda to explain how the government, his ministry and the DOC ended up in a situation where it could cost the state at least R700 000 to cover her legal costs alone.
The official opposition, the Democratic Alliance, has already said it wants Nyanda to appear before the Parliamentary Portfolio Committee on Communications, to explain his actions that appear to have been overturned by a Labour Court order.
Mohlala was dismissed by Nyanda on 23 July, with the minister citing a breakdown in trust. However, he failed to substantiate the dismissal in an answering affidavit in reply to Mohlala's urgent Labour Court application to have her dismissal declared unlawful.
In terms of an out of court agreement reached last week, Mohlala has withdrawn her legal action. In turn, Nyanda has withdrawn his dismissal and Mohlala has taken a month's leave. During this time, public service and administration minister Richard Baloyi will attempt to find her a post of equivalent status elsewhere in the public service. Should this not be done, Mohlala will resume her duties as the DOC's chief public servant from 27 September.
Kilian's list of questions drills down in to the decision-making process that appears to have led to Mohlala's dismissal. The questions are:
* Why was the former director-general dismissed from her position as head of department?
* Did the minister at any stage interfere with any tender processes in the Department of Communication, as was alleged by the dismissed director-general in her founding affidavit to court?
* If not, why did the minister fail to respond to the founding affidavit by the dismissed director-general?
* Who provided legal advice to the ministry during the disciplinary and/or dismissal processes? Please submit details of state law advisors and/or senior counsel or other expert legal advice acquired.
* What was the reason for reaching an out of court settlement with the dismissed director-general?
* Does the court settlement reached effectively restore the dismissed DG to her former position? If not, what are the relevant details?
* If the position of head of department is vacant after the court settlement, when will the position be advertised?
* What was the total cost of the litigation from the period of the dismissal through to the final settlement reached with the dismissed director-general?
* Is the minister confident the process followed in this dismissal complied with all statutory requirements? If not, why not?
* How will the ministry avoid a recurrence of expensive litigation in future?
It is not known when Nyanda will reply to these questions.
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Nyanda denies Mohlala reappointment
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