Case of staffer axed by the pro­tec­tor dis­missed

The Citizen (KZN) - - News - Simnikiwe Hlat­sha­neni

Pub­lic Pro­tec­tor Bu­sisiwe Mkhwe­bane’s former chief op­er­at­ing of­fi­cer, Basani Baloyi, must ap­proach the Labour Court if she wants to get her job back, ac­cord­ing to an ex­pert.

The Pre­to­ria High Court ruled it did not have the ju­ris­dic­tion to pre­side over her bid to chal­lenge her dis­missal in Oc­to­ber. Baloyi claimed Mkhwe­bane fired her for ul­te­rior mo­tives and also wanted the same court rule on the con­sti­tu­tion­al­ity of Mkhwe­bane’s han­dling of cer­tain in­ves­ti­ga­tions.

Con­sti­tu­tional ex­pert Phep­helaphi Dube said: “The first part re­gard­ing the ju­ris­dic­tion was not a sur­prise.”

There have been sev­eral cases where the court made it clear that the Labour Court had ex­clu­sive ju­ris­dic­tion for mat­ters per­tain­ing to the work­place.

She sug­gested the sec­ond mat­ter was an ill-ad­vised en­deav­our on Baloyi’s part un­less she was an af­fected party in any of the in­ves­ti­ga­tions Mkhwe­bane al­legedly han­dled un­con­sti­tu­tion­ally.

“Re­gard­ing the sec­ond mat­ter, I was a bit torn be­cause it wasn’t as if she was one of the af­fected par­ties who felt that they had been prej­u­diced as a re­sult of the poor han­dling of those cases.

“They should be the ones to come be­fore the court to chal­lenge those cases them­selves,” said Dube.

“It comes across as though she is an ag­grieved former em­ployee who is just try­ing to throw the book at Mkhwe­bane.”

Baloyi’s lawyer, Eric Mabuza, has yet to in­di­cate whether he would be ap­proach­ing the Labour Court or ap­peal­ing the court’s dis­missal of their ap­pli­ca­tion.

Judge Mmonoa Teffo dis­missed Baloyi’s ap­pli­ca­tion re­gard­ing her ax­ing with costs.

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