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.<\/p>\n
“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.<\/p>\n
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.<\/p>\n
She was quoted as saying: “Trade and Industry Minister Rob Davies was ordered to suspend recruitment and withdraw the letter terminating my contract.”<\/p>\n
The minister was ordered to consult her about the matter, and then give her the chance to respond.<\/p>\n
Judge Robert le Grange ruled that Mohlala-Mulaudzi had been serving the remainder of her two-year contract with the department of communications.<\/p>\n
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.<\/p>\n
Medupe said the department was pleased that the court had found Mohlala-Mulaudzi’s employment contract would end in September.<\/p>\n
“[T]herefore, the dti’s interpretation of the contractual term is correct.”<\/p>\n
“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.<\/p>\n
“Once the minister filed his opposing affidavit, Mohlala changed her argument to that of not having been consulted.”<\/p>\n
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.<\/p>\n
“Depending on the minister’s decision, the recruitment process may be embarked upon,” he said.<\/p>\n
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.<\/p>\n
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