The Department of Public Enterprises (DPE) has been saddled with an urgent court application from two of its officials after the acting director-general, Jacky Molisane, forced them to either sign demotion contracts or face dismissal.
Benneth Baloyi and Kgole Malatsi slapped minister Pravin Gordhan with a cease-and-desist notice from their lawyers last week, alleging that Molisane was using the “apartheid regime’s oppressive mentality” when he forced them to sign the contracts.
Baloyi, a deputy director of human resource management, and Malatsi, the assistant director in the same department, sent a letter to the department after they were put through a disciplinary process for alleged misconduct and found guilty.
The department then handed Baloyi and Malatsi letters of demotion to salary levels lower than they currently earn on June 17.
“The presiding officer found you guilty of three charges of misconduct, and after considering the aggravating and mitigating circumstances submitted by both parties, the presiding officer pronounced a sanction, which states ‘demote both employees, respectively, to a level lower than the positions you currently hold, coupled with a final written warning’. The sanction of demotion must be applied as an alternative to dismissal. The sanction of demotion requires the agreement of the employees.
“Dismissal must be allowed if an agreement cannot be reached,” reads the document seen by Sunday World.
However, the two officials refused to sign the document and approached their lawyer, Terrance Ntsako Baloyi.
The legal eagle wrote a letter to Molisane on the duo’s behalf, arguing that the sanction she imposed on them was unconstitutional. He said the human dignity of the two would be eroded by the decision, which they deem to be “oppressive”.
“We therefore hereby urge you to refrain and desist from such conduct pending the finalisation of the court application we are bringing against yourself.
“We bring to your attention that such conduct is inhumane, tantamount to apartheid regime oppressive mentality, immoral and against public policy, which your department ought to uphold, and further, such conduct is against the principles of our constitution and/or against our client’s constitutional rights.
“To this effect, we hold instructions to proceed to court on an urgent basis to hold you accountable for implementing such unconstitutional invalid sanction (sic) and be warned that punitive costs shall be sought against you.”
When asked for comment, Molisane released a media statement on Friday, slamming information supplied to Sunday World as “uncorroborated”.
“The latest attempt involves feeding the Sunday World newspaper with untruths and inaccurate information about a disciplinary matter involving the unauthorised appointment of an official to the office of the ex-director-general by two DPE staffers,” said Molisane in her statement.
“The DPE will not conduct its internal HR ( human resources) processes through the media.”
Baloyi and Malatsi have a dim view of the department’s actions, stating that Molisane’s decision is a drawback to the gains the country has made since achieving political freedom in 1994.
“We would not imagine that 30 years into our democratic dispensation, we still have departments such as your one with such oppressive behaviour to human dignity,” they said
