Johannesburg – Minister of Human Settlements Mmamoloko Kubayi has come under fire after it emerged that she fired her deputy director-general, Nelly Letsholonyane, because she (the minister) spent an hour trapped inside a faulty lift.
It was reported that Kubayi was so livid about this incident that she axed her deputy director-general. However, the labour court in Johannesburg has ordered the minister to reinstate Letsholonyane.
This is after the court made it clear that the minister’s conduct was unlawful as she had not followed procedure when firing Letsholonyane.
On Monday, Kubayi issued a statement saying she wanted to clarify the matter.
“The minister notes with concern the misleading media reports regarding the dismissal of the deputy director-general, Ms Letsholonyane, and wishes to clarify that she was not unfairly dismissed for the ‘lift incident’ as reported in the media,” the statement said.
The department spokesperson, Hlengiwe Nhlabathi-Mokota, said the minister had not intended to address this matter in the media but had been forced to do so in an attempt to clarify matters.
“It is important to note that Ms Letsholonyane has been undergoing various disciplinary processes, including those that preceded the arrival of Minister Kubayi at the Department of Human Settlements. The minister believes that Ms Letsholonyane was presented with several allegations of misconduct and afforded an opportunity to make a written representation as to why she should not be dismissed. The minister considered the representation and found the explanation to be insufficient,” Nhlabathi-Mokota said.
Acting Judge M Makhura said: “The minister’s conduct was unlawful. Such conduct should not be condoned by courts of law. This court cannot and should not turn a blind eye to the injustice and lawlessness.”
Not only did the judge give the minister a tongue-lashing, he also slapped her and her department with Letsholonyane’s legal costs.
Letsholonyane, 61, who is only a few years away from retiring, turned to the labour court on an urgent basis to get her job back.
The Star