Court orders reinstatement of fired OP employee

Mpho Mokwape | Tuesday November 6, 2018 16:39

 

Bernadette Malala, Poverty Eradication Coordinator challenged her termination last week before Justice Zein Kebonang as unlawful and invalid.

Kebonang in a court order ruled that Malala be reinstated immediately to her previous position with attendant benefits. 

“The decision by the permanent secretary to the President to terminate her contract is void for lack of authority. Both in terms of Section 112 of the constitution and section 15 of the Public Service Act,” he said.

The judge explained that Malala could only be dismissed by the President as the appointing authority and that the decision of the PSP to dismiss her when he had no authority to do so was a nullity and incompetent and provided no foundation of any rights.

Malala, who was employed in the Office of President on October 5, 2016 for a contractual period of two years was fired for underperforming in September 2017.

Though fired for underperforming, Malala maintained that her termination 12 months prior to the end of her contract was unlawful.

Her contention was that her removal was in breach of section 112 (1) of the Constitution and in breach of section 15 of the Public Service Act (PSA), which was incorporated into her contract.

Accordingly Malala’s argument was that the President hired her and that only he had the authority to fire her.

Through her attorneys from Rantao Kewagamang Attorneys she reckoned that she was entitled to the balance of her contract and the gratuity she would have earned for the entire period.

Judge Kebonang will give a detailed judgment on the matter within 14 days of the order.