Former communications director-general Mamodupi Mohlala says she is determined to return to work in her old position at the Department of Communications (DOC) next Monday, if no suitable alternative position is found for her in the public service.
Mohlala was reacting yesterday to news that a Government Gazette, dated 17 September, announced she had been appointed as administrator of the Public Service Sector Education and Training Authority (PSETA) for a six-month period.
Mary Metcalfe, the director-general of the Department of Higher Education and Training, signed the notice.
“I have not agreed to accept such a position. It was one of a number of positions that was discussed between me and (public service and administration) minister Richard Baloyi. However, the court settlement is very clear that I must be offered a position with the same terms and conditions as the position of DG of the Department of Communications,” Mohlala said.
A spokesperson for the Department of Higher Education and Training says she was under the impression that Mohlala was now an employee of the Department of Public Service and Administration (DPSA) and so they could appoint her to the position.
“Our DG discussed this with the director-general of the DPSA and the agreement was reached,” she says.
The spokesperson says that as far as she knew, no interview process was conducted for Mohlala's appointment and she was not aware if any contract had been signed.
A DPSA spokesperson denied all knowledge of the appointment and said her department had not issued any notice.
Communications minister Siphiwe Nyanda abruptly dismissed Mohlala on 23 July, saying the reason was a breakdown in trust between the two.
Urgent application
This led to Mohlala filing an urgent application with the Labour Court to have her dismissal declared unlawful and that she either be reinstated or 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 on 30 July when a temporary agreement was reached, allowing Nyanda to file an answering affidavit on 17 August and for another hearing on 26 August. However, Nyanda failed to file his defense of Mohlala's dismissal.
In terms of the settlement, Mohlala has taken a month's paid leave and her contract as the most senior public servant in the DOC still has two years to run.
“The settlement agreement says that should no post be found for me then I resume work at the DOC on Monday, 27 September, and I will go,” Mohlala said.
Upon hearing that the Government Gazette had been circulated widely through the DOC and its subordinate organisations, including the Independent Communications Authority of SA and the Universal Services Agency of SA, she said: “I presume they did this in order to deny me access to the building should I show up for work.”
Nyanda's spokesperson had not replied to telephone calls or e-mails sent by ITWeb by the time of publication.
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