Labour Court submissions by Mamodupi Mohlala show that communications minister Siphiwe Nyanda has the same contempt for communicating effectively with his employees as he does with the public, says Democratic Alliance MP Lindiwe Mazibuko.
She also says Nyanda has misunderstood the constraints of his position and in acting in this manner has greatly exceeded his authority.
Nyanda suddenly dismissed Mohlala last week as Department of Communications (DOC) director-general, causing her to make an urgent Labour Court appeal to have this either overturned or to obtain interim relief.
“It seems that the campaign of misinformation that the public has been subjected to regarding the dismissal of the former director-general of communications, Mamodupi Mohlala, is actually really just an extension of 'good practice' communications within the department itself,” Mazibuko says.
Mazibuko was commenting on the release of Mohlala's founding affidavit calling to the Labour Court ruling. Attached to Mohlala's affidavit is correspondence between Nyanda and her.
Mazibuko says perusal of this document reveals that in his letter to Mohlala on 20 July 2010, the minister stated that he wished to re-determine Mohlala's contract of employment, which, according to the details of that contract, is quite different from termination of employment, which is another clause entirely.
According to the correspondence, Mohlala was given two days, until 22 July, to respond to the original letter, inviting her to make representations before re-determination, during which time she indicated her intention to do so.
“Given that she had only been notified of contract re-determination, it must have been a great surprise when she learnt she had been summarily dismissed by Minister Nyanda from media reports on Friday 23 July,” Mazibuko says.
She goes on to describe the information contained in the correspondence as troubling.
“We know from Mohlala's submission to the Labour Court that the minister had put all tenders not awarded by him on hold,” Mazibuko says, referring to the SMS sent to Mohlala on behalf of Nyanda just after midnight on 10 July, suspending all tenders not approved by the minister.
Disconcerting facts
“What is most disconcerting about these facts when viewed together is that they portray a disregard for due process and consideration of the law,” Mazibuko says.
She continues: “The minister is no doubt aware that his authority does not extend to the awarding of tenders, yet he seems to have chosen to circumvent this. Now we learn that he is also above following the correct procedures for dealing with matters concerning those in his employ.“
Mazibuko says there is a reason that state employees such as directors-general should be allowed to make representations before having their contracts terminated. There are bound to be tensions between the civil service and their political heads, and the pressure our civil servants face to maintain their independence must be considerable.
“This is precisely why, when a 'breakdown' in the relations between a minister and director-general occurs, the situation, through a consideration of representations, can be assessed by the president in Cabinet. Indeed, it is precisely these processes that maintain the distribution of powers and assure other civil service heads that they are not unquestionably beholden to every whim of their ministers,” she says.
Related story:
Nyanda instructed Mohlala to suspend tenders
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