Mamodupi Mohlala is back as Department of Communication's (DOC) director-general, after communications minister Siphiwe Nyanda agreed to withdraw her dismissal and seek alternative employment in the public sector for her.
The agreement was made an order of the Labour Court, in Johannesburg, late this morning after Mohlala and state legal representatives hammered together an out of court settlement.
Mohlala says that she has been reinstated as the most senior public servant in the DOC with immediate effect, but that she will take 30 days' leave.
“During that time, the minister of public service and administration (Richard Baloyi) will seek to find an alternative position for me. A major problem was that I could not be transferred if I was not a member of the public service,” she says.
In terms of the agreement, if no alternative position can be found for her in the public service, then she will resume working full-time as DOC director general from 27 September.
The agreement also says the state would cover Mohlala's legal costs, which an independent lawyer says could easily reach R500 000.
“Ms Mohlala had at least three senior council working on her case and they each can charge up to R40 000 per day,” the lawyer, who asked not to be named, says.
Nyanda dismissed Mohlala on 23 July, citing a breakdown in trust as the main reason. Mohlala countered in her court papers that Nyanda was interfering in the department's tender processes.
Mohlala filed an urgent application with the Labour Court, asking that either her dismissal be declared unlawful or that she be transferred to a suitable equivalent position within the public service.
The first Labour Court hearing, on 30 July, agreed that Nyanda must submit his countering affidavit as to why Mohlala's dismissal should be upheld on 17 August. However, he failed to submit the documentation.
Despite numerous attempts, no comment had been received from Nyanda's office at the time of publication.
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