'Butterfly' wants Magosi's decision reviewed
Mpho Mokwape | Friday March 27, 2020 12:32
Maswabi, 46, charged with financing terrorism by moving money around, is also linked to former spy chief, Isaac Kgosi. She says the decision of the DIS should be reviewed as it had encroached on her rights as contained in her contracts.
In a notice of motion filed this week, Maswabi said she wants the review in particular her fixed overtime allowance that has been stopped and her freedom of movement curtailed as she is requested to seek permission from the Director of DIS before travelling.
According to her affidavit, her decision to seek a review is that she been experiencing unauthorised salary deductions.
“I verily believe to be true and correct that deductions that have not been agreed upon by the employer and the employee are prohibited. That the decision and act of the director in deducting my overtime allowance is unlawful and prohibited by law since I did not consent or authorise him to do it,” she said.
Maswabi also said the withholding of salary benefits on suspension were unlawful because in terms of the Public Service Act in particular section 35 (3) stated that an employee’s salary should not be withheld during the period of suspension.
She explained that it meant that since the overtime allowance is fixed, it constitutes her salary and not dependent on whether she worked overtime or not.
“It is submitted that clause 8.2 of the DIS conditions of service does envisage that the overtime allowance may be taken away if the employee is continuously not working not working overtime.
This does not apply to cases of suspensions as an employee on suspension is still for intents and purposes still employed to do functions that attract overtime but for the suspension, like in my case because the employer has made it impossible,” she said.
On the unlawful additional term of employment she said the director in his letter of suspension further directed that she should not leave her duty station without prior authorisation.
Maswabi pointed out that neither her employment contract nor the conditions of service have such a requirement therefore a new term is being imposed on her.
She further noted that it lacked justification particularly that she is out on bail and the conditions of bail deal with matters of her movement.
Maswabi who is on long suspension is also accused of having the sum of U$D390m in her personal account and having five different passports she used to travel across the world of which one is a diplomatic and that she has not surrendered to the police.
She is charged because she was reportedly the signatory to the accounts that were used to transfer money, some of which was in the sum of P48milliom.
The State also accused her of being in an intimate relationship with the former DIS chief Kgosi and that they had discussions of moving the money around during their love escapades.