CoA dismisses ex-gov't employee's seven-year late return-to-office :: Mmegi Online

The Court of Appeal (CoA) has dismissed a case in which a former civil servant wanted to report for duty after seven years of absence from the office. In 2016, Rotlhe Tshwaane was fired for persistent absenteeism after absconding from work for 22 months without communicating his whereabouts. During his seven-year absence, Tshwaane claimed that his logical conclusion was that his employment status remained unaffected and that he remained a government employee in good standing and entitled to report for duty.

Tshwaane was employed as a supplies officer in the Ministry of Basic Education and Skills Development and stationed at one of the schools and his employment contract was terminated by his desertion from work. When he received a letter that the permanent secretary from his ministry was accepting the repudiation of his contract in February 2016, Tshwaane failed to appeal the decision of his employer. He turned up five years later with an ill-conceived claim for an order that he was a public officer of good standing and directing the government to notify him within 30 days of the grant of a court order, of a station within the government establishment at which he should report for duty.

Before appealing the case, Tshwaane’s matter was dismissed by the lower court because he had failed to disclose a cause of action and he had failed to comply with the requirements of order 20 rule five as read with order 24 rule two of the High Court Rules.

Already have an active account? Log in here.

Or Sign up and get unlimited access to premium articles.