Question NW2697 to the Minister of Human Settlements
22 September 2023 - NW2697
Mphithi, Mr L to ask the Minister of Human Settlements
(1)(a) With reference to a certain person (name and details furnished) alleging that she was fired because the Minister was stuck in a lift and (b) given the court judgement and the Minister who has no locus standing to dismiss nor discipline a Deputy-Director General, what (i) is the reason that her department’s budget is being used for litigation and (ii) total amount was spent on the specified matter; (2) whether her department has implemented the Labour Court and the Labour Appeal Court judgement relating to the specified person; if not, why not; if so, what are the relevant details?
Reply:
1. (a) The official was dismissed as a result of several transgressions including the lift incident in which she displayed gross dishonesty in dealing with it, unauthorised disclosure of confidential information, underperformance, and manipulation and inconsistent application of the Job Grading System.
(b) It is important to note that Minister’s locus standi to dismiss the concerned official was never questioned in this matter- Honourable Member, your allegations are therefore baseless.
(i) The above-mentioned transgressions which resulted in the department incurring unnecessary costs, including potential risk of litigation, clearly illustrate and justifies the need for consequence management, which were implemented and resulted in litigation.
Below are some of the reasons that necessitated consequence management:
- the disclosure of confidential information.
- She was issued with a final written warning on 10 November 2022 for achieving 33% of quarter 1 targets and 0% of quarter 2 targets of the 2022/23 Annual Performance Plan.
- She had been served with another final written warning regarding her underperformance on 22 March 2023.
- She manipulation and inconsistent application of the Job Grading System in the Grants Management Unit in 2015 and 2016 which resulted in back payments of R1 243 783.65 in 2023. The matter further caused instability, disputes, and unhappiness in this Unit.
- She signed permanent appointment letters of eight (08) Public Liaison Officers without delegations and/or authority and without following the recruitment processes. The department had to keep these officials in employment to allow for the conclusion of legal proceedings. This has costed the Department R11 412 944, 10 to date.
- Upon Minister’s arrival at this portfolio in the year 2021, she was already on suspension for a period of almost 2 years and Minister directed that she be brought back to work since it would be a waste of tax-payers money to have employees suspended for that long period with a salary sitting at home, and further directed that she be properly re-integrated to work- place.
(ii) The legal costs stand at R502 818.75- These include costs of the main application, application for leave to appeal, the application for the execution of the order of Court in terms of Section 18 (3) of Superior Courts Act, and initiation of a petition to the Judge President for leave to appeal.
2. The Department complied with section 18(3) of Superior Court Act and allowed her to return to work, whilst awaiting the decision on petition to the Judge President. She was moved to work in the Office of Director-General until the disciplinary process that was issued in 2019 and investigations into matters mentioned in paragraph 1 above are completed and/ or the petition is granted.