A Strand high school deputy principal who quarrelled with his superior has lost his dismissal case at the Education Labour Relations Council (ELRC), where it was alleged he showed no remorse for his actions.
According to the arbitrator, Nomzamo High School principal Chris Magubanto and his deputy Zandisile Somwahla had been at odds for years.
Somwahla faced two misconduct charges relating to a May 2020 alleged assault on Magubanto, where he allegedly manhandled him.
He was also found to have displayed disrespect when he allegedly demonstrated insolent behaviour, yelling that Magubanto had to get out of his office and asking him “what are you going to do, you are not going to disrespect me”.
Somwahla appealed the charges and dismissal sanction to former education MEC Debbie Schäfer, but she upheld the decision.
He then approached the ELRC claiming that he was not guilty and that the principal had attempted to get rid of him for a number of years and there was a conspiracy between Magubanto and WCED officials.
However, arbitrator Bella Goldman ruled that Somwahla’s dismissal was procedurally and substantively fair, and his referral was dismissed.
“I find that the applicant’s behaviour merited the sanction of dismissal. It is improbable that the applicant’s behaviour could be corrected given that he does not acknowledge any wrongdoing and showed no remorse for his actions which he believed were justified,” said Goldman.
The current acting deputy head Nokwuzi Jobela testified that in May 2020, when she entered Somwahla’s office, he and Magubanto looked angry, “like they were going to physically fight”.
She said Magubanto had called her and explained he was issuing the deputy with notice to attend a disciplinary hearing.
However, Somwahla would not sign acknowledgement and wanted her to sign as witness that he served the notice.
Jobela said she signed and Somwahla requested they leave his office, but the principal did not leave and that was when the former deputy placed his hand on his back to lead him out of the office.
Jobela further detailed that while they were leaving Somwahla said “he did not like being disrespected in his office”.
She also testified to having previously worked with Somwahla at another school where there had been no such problems.
Magubanto testified that he was very upset and embarrassed by the incident.
Other staff members had heard what happened.
He claimed to have locked himself in his office and called the circuit manager.
Magubanto denied influencing any officials including the MEC to dismiss Somwahla.
According to the arbitration, Somwahla cross-examined the principal extensively for more than two days leading to the evidence with the intention of showing that there was a conspiracy led by Magubanto to have him dismissed.
Cape Times