Nehawu, legislature clash over suspension of supply chain boss

NEHAWU and the Eastern Cape provincial legislature are at loggerheads over a second suspension of supply chain management unit manager Mphumzi Mahogo, whose first suspension was found to have been an act of unfair labour practice by the Commission for Conciliation, Mediation and Arbitration (CCMA).

The chairman of Nehawu at the legislature, Madoda Nkwali, has written to legislature speaker Noxolo Kiviet to intervene.

Nkwali said Mahogo was initially placed on precautionary suspension on August 21 last year.

Mahogo was accused of having solicited a bribe from a service provider.

“Our member challenged the fairness and lawfulness of the precautionary suspension via the CCMA.

“The matter came before the arbitrator on the January 19, March 13 and April 17.

“The arbitrator ruled in favour of our member, setting aside the precautionary suspension imposed by the legislature,” Nkwali said.

The Daily Dispatch has seen a copy of the May 6 finding of commissioner William Pretorius, which reads: “The Respondent, the Eastern Cape provincial legislature, committed an unfair labour practise as envisaged in section 186(2)(b) of the Labour Relations Act.

“The precautionary suspension of the applicant, Mphumzi Mahogo, is hereby set aside. Mahogo must report for duty within 48 hours of becoming aware of this award.”

Nkwali said Mahogo reported for duty on May 11.

However, on May 15 he received a letter from the secretary to the legislature, Vuyani Mapolisa, notifying him of the legislature’s intention to suspend him.

Nkwali said: “On the May 11 Mahogo received a letter putting him on precautionary suspension for the second time for the same allegations.”

He accused Mapolisa of being “vindictive, driven by vendetta” and of “gross abuse of power”.

He said this showed complete disrespect for the rule of law and democratic institutions tasked with resolving labour disputes.

“The precautionary suspension effected on May 16 is unlawful as it contravenes the legislature code of conduct.

“Clause 7.3.2 provides that upon being placed on precautionary suspension, the employer must hold a disciplinary hearing within 60 days.

“The period of 60 days has lapsed, as our member was first put on suspension on the August 21 2017,” Nkwali said.

He said the legislature did not have powers to effect a precautionary suspension after expiry of the 60-day period and while the disciplinary hearings were ongoing. He said Mahogo’s disciplinary hearing was in progress and as a result, prehearing investigations had been concluded.

“Therefore the presence of our member at the workplace poses absolutely no threat to the legislature. The legislature, through its actions of issuing a fresh suspension is rendering the value of the arbitration award in favour of our member – Mr Mahogo meaningless,” he said.

In her response, Kiviet, speaking through her spokeswoman Maria Harmans, said she had just returned to the province and would consider the matter and inform the union of her decision.

However, Kiviet said the suspension was an “administrative matter which is handled by the secretary of the legislature”.

“The provincial legislature views allegations of bribery as serious acts of misconduct,” she added.

“In the quest of management to deal decisively with any alleged cases of corruption, management saw the need for Mr Mahogo to be kept away from the workplace since he is undergoing disciplinary processes involving an allegation of serious misconduct.”