Battle lines between Mamodupi Mohlala and communications minister Siphiwe Nyanda were drawn in the sand today, after his advisors refused to allow the reinstated director-general to take up her position.
In terms of a Labour Court settlement reached between Mohlala and the state (with Nyanda as first respondent), she was supposed to resume her role as the most senior public servant within the Department of Communications (DOC) today.
According to the 27 August settlement, Mohlala would take 30 days paid leave as director-general of the DOC, during which public service and administration minister Richard Baloyi was supposed to find her another position within the public service with the same or similar terms and conditions.
However, this has not been done and, in terms of the court order, she is supposed to resume working as DOC director-general.
On arrival at her office this morning, Mohlala was denied access by one of Nyanda's advisors.
Furthermore, Nyanda's office issued a statement this afternoon, saying the DPSA Departmnet of Public Service and Administration has further requested that the leave of absence initially granted be extended by seven days, with effect from today, for the state to finalise the process.
“In this regard, Dr Harold Wesso remains the acting director-general of the Department of Communications,” the statement reads.
The statement says that the Ministry of Communications (Nyanda's office) has noted media reports pertaining to the “return” of Mohlala to her former position as director-general of the DOC.
It says the DPSA has further requested that the leave of absence initially granted be extended by seven days with effect from today for them to finalise the process.
Mohlala told ITWeb this afternoon that a “truce of sorts” had been agreed to.
“I have been asked to meet minister Baloyi this afternoon at 4.30. If I am happy with what he has to say, then I shall have the court order amended that I take an extra seven days leave,” she says.
Mohlala continued to say that, if she was not happy with what Baloyi had to say, then “...I shall present myself for work tomorrow. If I am prevented from entering my office or the building, then I shall instruct my attorneys to apply for a contempt of court order and for a warrant of arrest for the person who may be preventing my resuming work.”
A lawyer, who asked not to be named for professional reasons, says: “A court order is a court order. No minister can alter one as they wish. The order clearly says that Mohlala must return to work today.”
The lawyer says that the ministers (Nyanda and Baloyi) cannot impose leave on Mohlala as leave has to be agreed to.
“It seems that she has not agreed to anything,” he says.
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