Nelly Letsholonyane Returns to Work Following Minister’s Unlawful Dismissal

Nelly Letsholonyane, the Department of Human Settlements deputy director, has resumed her duties after being wrongfully fired by Minister Mmamoloko Kubayi. According to EWN, the dismissal occurred after an incident where the minister became stuck in a lift for an hour. However, Johannesburg Labour Court Acting Judge Molatelo Makhura ruled that the dismissal was unlawful and ordered Letsholonyane’s immediate reinstatement.

The judge criticised Minister Kubayi for overstepping her powers and acting as “complainant, initiator, and chairperson” in the case. He emphasised that Letsholonyane had not been subjected to the appropriate disciplinary procedures and stated that an appeal against the reinstatement had no prospects of success.

Undeterred by the court’s decision, the minister has petitioned the Labour Appeal Court for permission to appeal. Meanwhile, Letsholonyane, without pay since April, applied to the Labour Court to enforce her reinstatement while the appeal is pending.

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In an August 8 judgment, Johannesburg Labour Court Judge Edwin Tlhotlhalemaje ruled in Letsholonyane’s favour, citing exceptional circumstances that warranted overturning the ordinary rule of suspension of the order pending appeal. He highlighted that Letsholonyane, at 62 years old with 18 years of service and approaching retirement, had been deprived of her salary and faced financial hardship.

Judge Tlhotlhalemaje criticised Minister Kubayi’s handling of the situation, stating that she had adopted a “deplorable and gung-ho posture” to dismiss Letsholonyane without due process. He underlined that such conduct contradicted the expectations of constitutional democracy.

The judge ordered that the operation and execution of Judge Makhura’s order not be suspended during the minister’s petition for leave to appeal. He also directed the minister to cover the costs of the application.

The lift incident that triggered the dispute occurred on March 14, leading to Letsholonyane’s summary dismissal in April. While the minister’s spokesperson confirmed Letsholonyane’s return to work, Letsholonyane declined to comment further.

Also read:

Minister’s Bid for Appeal Denied: Deputy Director Reinstatement Upheld

Picture: Twitter / GCIS_ECape

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