The Labour Court has delivered a scathing ruling against human settlements minister Mmamoloko Kubayi.
The Deputy Director General in the Department of Human Settlements, who was fired by her minister after the minister was stuck in a lift, is back at her desk.In the latest ruling, the Johannesburg Labour Court said Minister Mmamoloko Kubayi had adopted “a deplorable and gung-ho posture” in dismissing Nelly Letsholonyane.
He then denied Kubayi’s application for leave to appeal, saying Letsholonyane had not been subjected to the prescribed disciplinary procedures.The minister has now petitioned the Labour Appeal Court for permission to appeal. He said Lethshonyane had proved that exceptional circumstances existed to justify the reversing of the ordinary rule of suspension of the order, pending appeal.
The judge said given that it was common cause that her services had been terminated in the manner described if Judge Makhura’s ruling was not enforced, “it would clearly amount to countenancing the unlawful conduct of the minister to continue unabated”.
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