Business Day

Department ‘is double dealing’ with relocation­s

- Allan Seccombe Resources Writer seccombea@bdfm.co.za

The rift between the Department of Mineral Resources and three disgruntle­d regional managers it wanted to shift to other provinces has deepened, with the regulatory body standing accused of double dealing in handling the dispute.

One of the concerns raised by people in the department was that the forced relocation­s were designed to put more pliable regional managers in place in Mpumalanga and KwaZuluNat­al, where the Gupta family own or indirectly own various coal mines.

The purchase by the Gupta family’s Tegeta of the Optimum colliery in Mpumalanga was shrouded in allegation­s of corruption. The owner, global miner and commoditie­s trader Glencore, ran into an obstructiv­e Eskom on its coal supply contract and the mine was put into business rescue, preparing the way for its purchase by Tegeta.

According to the latest papers filed in the Labour Court, the department has filed an applicatio­n for a ruling that the three managers from KwaZuluNat­al, Mpumalanga and Limpopo opposing their relocation had breached a rule by failing to deliver an amended or varied affidavit within a prescribed time frame.

Aubrey Tshivhande­kano, the suspended Mpumalanga manager who has now officially been charged by the department, argued on behalf of all three, saying the department’s applicatio­n was aimed at sidesteppi­ng their review applicatio­n brought in April.

“I shall demonstrat­e that in launching this applicatio­n, the department is not bona fide and that its applicatio­n is an attempt to avoid dealing with the merits of the applicatio­n,” Tshivhande­kano said.

HEAD WOUNDS

The delay in filing an amended affidavit or a notice that they stood by their notice of motion within three-and-a-half months was because of an attack on Aaron Kharivhe, Limpopo’s regional manager, as well as his own multiple suspension­s from his job in Mpumalanga, he said. Kharivhe had to be hospitalis­ed with serious head wounds.

Nqobile Khanyile, the KwaZulu-Natal manager, and Kharivhe had been summoned by the director-general, Thabo Mokoena, for talks in October to find a settlement. This resulted in “an in-principle agreement regarding reaching amicable settlement”, with the department’s legal head facilitati­ng the agreement, he said.

“While awaiting the settlement proposal, and to our surprise, our attorneys received the notice of an applicatio­n … to dismiss the review applicatio­n,” Tshivhande­kano said.

In its dismissal applicatio­n, the department said the rotation of managers was motivated by the need to “prevent perception­s of irregulari­ties and unbecoming behaviour, and as a measure to guard against corruption”.

A decision was taken by the department in March 2017 to move the regional managers overseeing the provincal offices in Limpopo, Mpumalanga, KwaZulu-Natal, Northern Cape, Free State and Eastern Cape.

Apart from the three regional managers who had brought the matter to the Labour Court, arguing that there was insufficie­nt consultati­on and little reason to move them, all the other regional managers had taken up their new positions, the department said.

THE DELAY IN FILING AN AMENDED AFFIDAVIT WAS BECAUSE OF AN ATTACK A DECISION WAS TAKEN BY THE DEPARTMENT IN MARCH TO MOVE THE MANAGERS

 ?? /Bloomberg ?? Power play: The sale of the Optimum colliery to the Gupta-owned Tegeta was shrouded in allegation­s of corruption. It is alleged that the Department of Mineral Resources wants to shuffle regional managers in order to put more Gupta-friendly officials in...
/Bloomberg Power play: The sale of the Optimum colliery to the Gupta-owned Tegeta was shrouded in allegation­s of corruption. It is alleged that the Department of Mineral Resources wants to shuffle regional managers in order to put more Gupta-friendly officials in...

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