Mohlala's Dismissal: Minister bypassed correct dismissal procedures
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. Submissions to the Labour Court this week from Ms. Mohlala have revealed that Minister Nyanda has the same contempt for communicating effectively with his employees as he does with the public.
This week, Ms. Mohlala made a submission to the Labour Court seeking to overturn her dismissal. A perusal of this document reveals that in his letter to Ms. Mohlala on the 20th of July, 2010, the Minister stated that he wished to re-determine Ms. 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. Ms. Mohlala was given 2 days, until the 22nd of 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 the 23rd of July.
This is troubling information. We know from Ms. Mohlala's submission to the Labour Court that the Minister had put all tenders not awarded by him on hold. Ms. Mohlala has revealed that she was sent an sms by the Minister's Chief of Staff at 00:16 on the 10th of July suspending all tenders not approved by the Minister. What is most diconerting about these facts when viewed together is that they betray a disregard for due process and consideration of the law. 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.
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 occur, 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. Unfortunately, Minister Nyanda has misunderstood the constraints of his position and in acting in this manner has greatly exceeded his authority.
My colleague Ian Davidson, MP, criticized the Minister on Tuesday for his tendency towards autocratic behavior. In light of this submission to the Labour Court, that impression has sadly only been reaffirmed. The need for an explanation for the DG's dismissal is now needed more than ever and the Minister himself needs to explain it to members of the Portfolio Committee. In addition to the long list of questions we already have planned for Minister Nyanda, I will ask him about the blatant contradiction between his letter to Ms. Mohlala on the 20th of July and her subsequent summary dismissal. It is time we all receive some clarity and understanding.
Statement issued by Lindiwe Mazibuko, MP, Democratic Alliance Shadow Deputy Minister of Communications, July 29 2010
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