Another top official in public protector’s office resigns

Public Protector Busisiwe Mkhwebane Screengrab

Public Protector Busisiwe Mkhwebane Screengrab

Published Sep 30, 2021

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The Public Protector’s chief operations officer, Lucky Mohalaba, has become the latest senior official to resign from the Chapter Nine institution.

Mohalaba left his position on Monday but did not provide reasons, according to Public Protector Busisiwe Mkhwebane’s spokesperson, Oupa Segalwe.

”The institution will have to follow normal recruitment processes to fill the position. In the meantime, a senior official may be appointed to act in the position,” Segalwe said.

He said Mkhwebane wished to thank Mohalaba for the invaluable contribution he had made in the face of severe resource constraints. She also wished him well for the future.

Mohalaba confirmed his resignation to another news site, saying: ’’My time at the PPSA is a period I wish to quickly forget about in my whole professional career.’’ He did not want to elaborate further.

Mohalaba replaced Basani Baloyi, whose contract was terminated in 2019 after being found not to be suitable for the role of chief operations officer, taking into account her overall capability, skills, performance and general conduct in relation to the position.

Baloyi challenged the decision all the way to the Constitutional Court, which in December referred the matter back to the North Gauteng High Court.

She launched an urgent high court application to have the termination of her employment declared unlawful and for the court to find that Mkhwebane had not complied with her constitutional obligations.

Baloyi also alleged that the termination of her employment amounted to a breach of contract and an exercise of public power that breached the principle of legality.

Earlier this year, the Labour Court in Braamfontein, Johannesburg, reinstated executive manager Ponatshego Mogaladi and chief investigator Lesedi Sekele after Mkhwebane altered a finding of a disciplinary hearing from a sanction of suspension without pay for up to three months to a dismissal.

Judge Edwin Tlhotlhalemaje interdicted Mkhwebane from invoking a secondary disciplinary process as she intended from her correspondence to Mogaladi and Sekele.

She was also ordered to immediately implement and comply with the final sanction imposed by the chairperson of their disciplinary hearing.

Political Bureau