Employment and Labour Minister Thulas Nxesi insists that he never usurped President Cyril Ramaphosa’s powers in handling the resignation of his director-general, Thobile Lamati, or overstepped the mark by accepting the decision before Ramaphosa could process it.
According to the law, the only person who can approve the resignation of a director-general in the central government is the head of state.
In a response to Sunday World’s questions from last week, Nxesi said the allegations that he acted outside of his powers were misinformed.
He added that parliament’s Hansard records would back up his case.
Allegations misinformed
“I notified the committee of the resignation, acknowledgement I did, as the minister, and within my powers,” Nxesi said.
“I accepted the resignation, gave the DG [director-general] a special leave, appointed an acting DG, and referred it to the formal appointing authority process, which I accordingly discussed with the Presidency.
“There is therefore no usurped power and overstepping the mark.I deliberately provided all information relevant to the committee as an oversight body.
“I stated clearly to the committee that further detail should be left to the processes of the employer or employee and the requisite processes in respect of the policy and rights of the affected parties.”
He said those accusing him of withholding information from parliament were “either not listening, ignorant of the Public Service Act and relevant regulations, or are trying to distort information for their own purposes and agenda”.
Sunday World reported at the weekend that, according to records, when parliament heard on Tuesday that Lamati’s exit was subject to Ramaphosa’s approval, Nxesi had long accepted his resignation letter.
Shockingly, Nxesi then failed to disclose these details to the select committee on trade and industry, small business development, tourism, employment, and labour.
His opponents alleged he had usurped Ramaphosa’s powers and deliberately misled parliament about it.
Resignation letter sent to Presidency
He told the committee that Lamati’s resignation letter was sent to the Presidency for confirmation, and the department did not know when Ramaphosa would attend to the matter.
“We are discussing with people in the Presidency how to move forward, but the DG has given until month-end that he is leaving,” Nxesi said.
He only disclosed that he gave Lamati a month’s special leave while his resignation was being processed.
In his speaking notes in parliament, Nxesi noted that he acknowledged the resignation letter and informed him of the process to unfold.
“Staying true to the prescripts that govern that space, I submitted the letter to the president. I will revert to the DG after receipt of the president’s response and decision thereof,” he wrote.
Yet three days earlier, Nxesi, who has no power to appoint or dismiss a DG, sent Lamati a letter titled “acceptance of your resignation as the director-general of the Department of Employment and Labour”.
“Your resignation as director-general of the Department of Employment and Labour has been accepted. As per your request, your final day of work will be 30 November 2023.
“I, however, request that your notice period be served while on special leave with pay as per the Public Service Amendment Act and related regulations.”
