Fired Kweneng Board employees take gov’t to court
Mpho Mokwape | Monday October 18, 2021 06:00
The employees who faced disciplinary hearing on January 13, 2021 and were subsequently found guilty of wilful dishonesty against government and clients of the government, particularly the one that involved land are suing for unlawful dismissal.
According to the facts of the case, the former employees were dismissed from employment on June 4, 2021.
Prior to their dismissals, they were on March 20, 2020 suspended from duty pending allegations of maladministration after the Board alleged that they were implicated in the use of inside information to acquire land and failed to declare their interests.
According to the charge sheet, some of the employees were charged with two counts of acts of theft, misappropriation and wilful dishonesty against the government, another employee or client of government while the other charge is failure to declare or resolve a conflict of interest.
In one Letsweletse Keorapetse’s founding affidavit, the fired employees are seeking for a review of the decision of the Permanent Secretary in the Ministry of Land Management, Water and Sanitation Services and also seek to be reinstated to their respective positions with paid salary arrears.
According to Keorapetse he believes that the decision to dismiss him was gravely unlawful, unreasonable and contrary to law.
“It is alleged in the charge sheet that I knew that the decision to acquire land was unlawful, such fact is uncorroborated. There is no law prohibiting Land Board employees from acquiring land from willing sellers,” he said.
Keorapetse explained that the willing seller was well aware of the compensation model as there had been a memorandum written by Board Secretary that was publicly distributed and that the compensation model was public knowledge and not confidential privileged information available to Land Board staff. Keorapetse said there was no willfulness from his end, let alone any sign of dishonesty as alleged.
“It is alleged that I failed to declare or resolve conflict of interest, this charge is without merit. I was not part of the adjudicating panel and therefore, there was no need for me to disclose my interest,” he said.
The employees said the decision for the dismissal was unreasonable as no act of dishonesty was proven and that the charge was therefore, unsustainable and ought to be set aside.
Furthermore, the employees who believe the decision was also unlawful as the chairperson of the disciplinary hearing was not appointed according to law as he was not a public officer say they were not involved in any allocation of plots they had interest in.
They pointed out that the decision was irrational because they were dismissed for failing to disclose interest which interest was not necessary to disclose.
They argued they were not involved in any allocation of plots and that they approached the Board as a consumer or as any citizen would do as no law or policy prohibits employees of the Board to transact with the Board on matters of land.
They believe if such decision exists, which prohibits any Board employee to transact on matters of land then the decision would be unlawful, as it would discriminate against employees from owning property interests and rights.
Uyapo Ndadi represents the employees and the State is yet to respond.