Lands ministry suspends workers
Mpho Mokwape | Friday June 5, 2020 17:18
The 20 employees who were employed under the Kweneng Land Board at the time of the allegations received their suspension letters on March 20, 2020 from the Permanent Secretary, Bonolo Khumotaka after the ministry was notified of the allegations.
According to one of the letters seen by this publication, the employees have been implicated in the use of inside information.
“I have received serious allegations of maladministration on your part that, you have been implicated in the use of inside information to acquire land and benefited in kind from the current model of compensation.
This serves to notify you that investigations shall forthwith be instituted against you, and pending such investigations you shall be suspended from the performance of your duties,” the letter reads.
The employees who were suspended immediately with full pay have been instructed not to enter the premises of the Kweneng Land Board or to attend to any business or affairs on behalf of the Board without the express written permission from the Land Board secretary.
The letter further reads, “You shall not use or remove any Land Board property and equipment including computers.
Once investigations are concluded, you shall be notified and advised of any further action.
You shall remain an employee of the ministry for the duration of your suspension and shall be subject to the usual terms and conditions of your employment”.
However the letter’s instruction to the employees to be within a radius of 150kms from their duty station and be able to avail themselves as and when needed to assist in investigations, did not sit well with the employees who are now itching for a redress at the courts.
On Monday this week through their attorney, Uyapo Ndadi, the employees approached the Industrial Court to challenge condition, of which they succeeded, as the ministry did not oppose.
According to the court order issued by the court the condition should be amended while the rest of the conditions remain the same.
“The respondent shall issue revised suspension letters incorporating the agreed amendment by the 4th of June 2020, but that however the amendment shall be with immediate effect,” reads the order.
The employees who have since been transferred around challenged the restriction to travel outside 150km radius on grounds that it was unlawful and unconstitutional.
In the founding affidavit of one of the suspended employees, Reuben Thakadu explained that the restriction was without consent and violated their respective term of contracts.
“The restriction offends the Constitution as it seeks to undermine our freedom of movement, which is entrenched in the constitution.
This right can only be limited under circumstances that are necessary and lawful.
No explanation has been set out in the letters as to why this restriction is necessary,” he said.
Amongst other complaints about the restriction of movement, Thakadu said they were unable to visit their families who reside in places that are more than the 150km radius or even travel in case of bereavement.
Tshegefatso Molefi represents the ministry.