Minister of Human Settlements Mmamoloko Kubayi. Picture: Jairus Mmutle/GCIS.
Taxpayers have paid about R500 000 on litigation involving the dismissal of deputy director-general Nelly Letsholonyane by Human Settlements Minister Mmamoloko Kubayi.
In June, the Labour Court ordered Kubayi to immediately reinstate Letsholonyane after it found that she was unlawfully dismissed.
Kubayi terminated Letsholonyane’s contract in April after the minister was stuck in a lift.
The minister has since petitioned the Judge President for leave to appeal.
In a reply to questions by DA MP Luyolo Mpithi, Kubayi said the legal costs stood at R502 818.
“These included the cost 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,” she said.
Kubayi said the dismissal of Letsholonyane was informed by, among others, the unauthorised disclosure of confidential information about staff members that led to grievances being lodged.
“She was issued with three final warnings, (the) first one in 2009 when she was found guilty and given a sanction of final written warning with two months suspension without pay,” Kubayi said.
The second was for poor performance on November 10, 2022. The third final written warning was regarding her under-performance on March 22, 2023.
Kubayi also said upon her arrival at the department, Letsholonyane was already on suspension.
“I directed that she be brought back to work since it would be a waste of taxpayers’ money to have employees suspended for that long with a salary sitting at home, and further directed that she be properly re-integrated into the workplace.
“The dismissal was therefore not a revenge exercise, as alleged.”
She said the decision to appeal against the Labour Court’s decision was based on legal advice.
“The matter remains sub judice as the department awaits the decision of the Judge President regarding the petition for leave to appeal.
“It is, however, save to mention further that I was advised that the technical issues in the matter are of some legal significance.
“There are conflicting views on whether or not the Labour Court has the jurisdiction to hear an alleged unlawful dismissal case,” Kubayi said.
Cape Times