DTI welcomes Mohlala ruling
The department of trade and industry welcomed the Labour Court’s ruling on Friday (18 May 2012) that National Consumer Commission head Mamodupi Mohlala-Mulaudzi’s job contract ends in September.
“The court has vindicated the minister in so far as the term of Mohlala’s contract is concerned,” spokesman Sidwell Medupe said in a statement.
Mohlala-Mulaudzi had complained to the court that the department acted unfairly by advertising her post before giving her the opportunity to renew her contract, Business Day Online reported.
She was quoted as saying: “Trade and Industry Minister Rob Davies was ordered to suspend recruitment and withdraw the letter terminating my contract.”
The minister was ordered to consult her about the matter, and then give her the chance to respond.
Judge Robert le Grange ruled that Mohlala-Mulaudzi had been serving the remainder of her two-year contract with the department of communications.
Mohlala-Mulaudzi was appointed NCC head in 2010, following an out-of-court settlement with the communications department, after her removal as department director general by former communications minister Siphiwe Nyanda.
Medupe said the department was pleased that the court had found Mohlala-Mulaudzi’s employment contract would end in September.
“[T]herefore, the dti’s interpretation of the contractual term is correct.”
“Mohlala’s contention throughout was that her contract was for a five year period. This was at the heart of the dispute between the parties,” Medupe said.
“Once the minister filed his opposing affidavit, Mohlala changed her argument to that of not having been consulted.”
Medupe said in terms of the court ruling the minister had to consult with Mohlala-Mulaudzi in writing before taking a final decision on whether to keep her.
“Depending on the minister’s decision, the recruitment process may be embarked upon,” he said.
Business Day reported that Mohlala-Mulaudzi’s legal representative, Graham Mushoana, said the department had 10 days to comply with the court order, failing which his client would have to file for contempt.
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