MEC could face contempt of court charge

THE MEC for Roads and Public Works, Dawid Rooi, and the department’s HOD, Kholekile Nogwili, could be charged with being in contempt of court for failing to reinstate their legal advisor, Papi Motingoe.

The Labour Court and the General Public Service Sectoral Bargaining Council (GPSSBC) both ruled last year that Motingoe’s suspension should be lifted and that he should be reinstated with immediate effect.

The Labour Court ordered Rooi and Nogwili to appear in the Labour Court in Cape Town on August 7 to show cause why they should not be charged with being in contempt of court after failing to comply with the order.

The absence of the MEC and HOD from the court proceedings will result in them being arrested or fined.

The Labour Court dismissed an application to appeal Motingoe’s reinstatement while the department consequently lost a petition made to the Labour Court of Appeal in March.

The Labour Court of Appeal did not provide reasons for refusing the petition, except to indicate that the intended appeal did not have any “reasonable prospects of success” and that there were no “compelling reasons why it should be heard”.

Motingoe has been on suspension since 2013, after reporting an irregular tender that was awarded to Bagale Consulting (Pty) Ltd for the repair of the Theekloof Mountain Pass near Fraserburg, under the Protected Disclosure Act.

He had noted that the appointed company lacked the necessary experience and that tender procedures were not followed.

Motingoe was charged for misconduct and was accused of trying to blackmail Nogwili on allegations of tender irregularities.

Meanwhile, the Director of Corporate Services at the Department of Transport, Safety and Liaison, Ebrahim Crouch, started his first day back at the office yesterday, two and a half years after he was suspended on charges of misconduct.

The charges against him have since been withdrawn.

Crouch was supposed to return to work on June 12, but was issued with a letter by the former HOD for the Department of Transport, Safety and Liaison, Steven Jonkers, that he should not report for duty, pending a disciplinary process.

Crouch testified against ANC provincial chairman, John Block, in the fraud, corruption and money laundering Trifecta trial, where government leases were allegedly awarded in return for kickbacks.

Crouch was Block’s former private secretary at the time when Block was MEC for Transport, Roads and Public Works.