AFTER a vitriolic and public battle, Communications Minister Siphiwe Nyanda has withdrawn a letter of dismissal against his director-general, Mamodupi Mohlala. Gen Nyanda fired Ms Mohlala last month, saying there had been an irretrievable breakdown of trust between them. Ms Mohlala challenged her dismissal in court, arguing that Gen Nyanda did not have the authority to fire her.
She filed an affidavit detailing what appears to have been interference in her work by the minister, including the administration of tenders. Gen Nyanda failed to submit an answering affidavit. As part of the out-of-court settlement, Ms Mohlala will be paid her full salary and benefits but will take leave with effect from yesterday, until September 27. This leave will allow Public Services and Administration Minister Richard Baloyi to seek an alternative and equal post for her within the government, including in state-owned enterprises.
If Mr Baloyi fails to do so , Ms Mohlala will return to the Department of Communications. Gen Nyanda will also pay Ms Modupi’s legal costs. Yesterday Ms Mohlala said the withdrawal of her dismissal and the settlement meant she had been “vindicated” and that there was acknowledgement her dismissal did not follow proper procedure. “I’m happy and satisfied that the matter has been settled and (I thank) the president and Mr Baloyi for their intervention. But we cannot ignore what happened between me and the minister. We are exploring other options in the interest of the department,” she said. Asked if she would return to the department if not deployed elsewhere, Ms Mohlala declined to say.
During the first court appearance last month, President Jacob Zuma requested that Mr Baloyi intervene in the matter outside court proceedings. Ms Mohlala was offered a R2,9m settlement but refused, demanding to be redeployed to a post of equal standing.
Gen Nyanda’s spokesman Tiyani Rikhotso said yesterday the agreement did not imply the immediate reinstatement of the former director-general to her old position. He said this arrangement allowed what Ms Mohlala had initially requested from the president to take effect. “As (the) ministry we welcome the agreement as it paves a way for the filling of the position as soon as possible by a suitable and relevant person with the necessary expertise,” he said. Mr Rikhotso said the settlement was done in order to reinstate Ms Mohlala as a public servant. Consequently, Mr Baloyi would explore suitable options in order to address this matter.
The fight between Ms Mohlala and Gen Nyanda broke into the open last month. The pair failed to settle the dispute amicably and their impasse has paralysed the department, with staff morale said to have collapsed, with no collective sense of purpose. Some of Gen Nyanda’s complaints against Ms Mohlala included her hiring people from the private sector to handle department al finances. She was also accused of breaching the minister’s confidence on delicate matters involving Sentech, the state-owned signal distributor. Ms Mohlala complained about Gen Nyanda’s “interference” in tenders, saying this violated the Public Finance Management Act.
Source: Business Day
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