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Johannesburg - Mamodupi Mohlala, the former director-general of the department of communications, will argue in the Labour Court that only President Jacob Zuma could have legally ended her services.
Communications Minister General Siphiwe Nyanda fired her last Friday, but she will contest this in court and demand reinstatement as DG.
Nyanda says Mohlala’s services were terminated because their relationship had broken down. Mohlala argues that the dismissal is illegal, unlawful and unfair and she insists on reasons for the decision.
The conflict apparently began with an SMS she received just after midnight on July 10 from Alfred Mashishi, who heads the minister's office. It was apparently sent on Nyanda’s behalf.
In it she was ordered to hold back all tenders that had been issued, or were still to be to be issued, until the minister had spoken to her.
She was also allegedly ordered to abandon her decision for a review of an arbitration decision in terms of which a former senior employee should be reappointed in her post, and two other employees be moved to posts that they preferred.
In her court application she argues that it was inappropriate for the minister to send such instructions in that way. She claims this amounted to unlawful interference.
Procurement is not a matter within the minister’s jurisdiction, she argues in her sworn statement. While he is the political head of the department, he has no legal role in procurement processes. That is an executive role and the responsibility of the DG.
She also deems human resources to be her responsibility.
On the following day Mohlala received a memorandum on the issue.
The minister had in fact subsequently indicated in a letter that the auditor-general had advised all ministers to oversee financial affairs.
In his letter, Nyanda said that he was required to "manage" them. She disagreed with this, maintaining it was her responsibility.
After a stormy meeting on July 16 about matters falling within her purview, and at which time nothing was said about her possible dismissal, Nyanda called her in and indicated that she should hold a press conference to rebut all allegations against the minister relating to tender interference.
Mohlala allegedly said that she would think about it and let him know, but before further communication took place she was fired.
- Sake24.com
For business news in Afrikaans, go to www.sake24.com.
Communications Minister General Siphiwe Nyanda fired her last Friday, but she will contest this in court and demand reinstatement as DG.
Nyanda says Mohlala’s services were terminated because their relationship had broken down. Mohlala argues that the dismissal is illegal, unlawful and unfair and she insists on reasons for the decision.
The conflict apparently began with an SMS she received just after midnight on July 10 from Alfred Mashishi, who heads the minister's office. It was apparently sent on Nyanda’s behalf.
In it she was ordered to hold back all tenders that had been issued, or were still to be to be issued, until the minister had spoken to her.
She was also allegedly ordered to abandon her decision for a review of an arbitration decision in terms of which a former senior employee should be reappointed in her post, and two other employees be moved to posts that they preferred.
In her court application she argues that it was inappropriate for the minister to send such instructions in that way. She claims this amounted to unlawful interference.
Procurement is not a matter within the minister’s jurisdiction, she argues in her sworn statement. While he is the political head of the department, he has no legal role in procurement processes. That is an executive role and the responsibility of the DG.
She also deems human resources to be her responsibility.
On the following day Mohlala received a memorandum on the issue.
The minister had in fact subsequently indicated in a letter that the auditor-general had advised all ministers to oversee financial affairs.
In his letter, Nyanda said that he was required to "manage" them. She disagreed with this, maintaining it was her responsibility.
After a stormy meeting on July 16 about matters falling within her purview, and at which time nothing was said about her possible dismissal, Nyanda called her in and indicated that she should hold a press conference to rebut all allegations against the minister relating to tender interference.
Mohlala allegedly said that she would think about it and let him know, but before further communication took place she was fired.
- Sake24.com
For business news in Afrikaans, go to www.sake24.com.
