Communications minister Siphiwe Nyanda appears to have missed yesterday's deadline to file his answering affidavit to his former director general Mamodupi Mohlala's Labour Court action to have her dismissal declared unlawful.
No reply has been received from Nyanda's office to ITWeb's queries, although Department of Communications spokesman Tiyani Rikhotso said on Tuesday that he would say if and when the affidavit was filed.
According to an agreement between Mohlala's legal representatives and the State Law Advisors, who represent Nyanda, reached on 30 July, the court action was postponed until 26 August, with a deadline for Nyanda to file his affidavit on 17 August.
“My understanding is that nothing has been received from him (Nyanda) by this morning,” Mohlala says.
Since Nyanda has missed the deadline, he will have to ask the Labour Court for a “condonation”, meaning he has to give reasons why he could not meet the specified date. The court then decides if it can condone his action or if his affidavit will not be used in the resulting action.
She says that nothing more has been heard about a proposal by President Jacob Zuma's office of an intervention to settle the differences between Nyanda and herself.
Nyanda dismissed Mohlala on 23 July, citing a breakdown in trust as the main reason.
Mohlala counters in her court papers that Nyanda was interfering in tenders. She is being represented by Manamela Incorporated.
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