EC chief of staff loses appeal case
Pressure to axe ‘baby baby’ boss
EASTERN Cape Premier Phumulo Masualle’s chief of staff, who was fired from his previous post for sexual misconduct, has lost his appeal case with the General Public Service Sector Bargaining Council (GPSSBC). Pressure is mounting on the premier to take action against Lungelo Madlingozi, but his office refused to comment on the matter.
Provincial government spokeswoman Mandisa Titi said: “You will agree with me that given the highly sensitive nature of this unfortunate matter, the institution needs time to apply its mind. At this stage we are not ready to engage the media.”
Madlingozi was fired from his post as regional head of economic affairs in August 2011 after an internal disciplinary hearing.
He took the matter up with the GPSSBC alleging a conspiracy, but a ruling released late last month found the dismissal “under the circumstances was fair and reasonable”.
It was found that Madlingozi had called his then secretary “baby baby,” and “sweetheart” and on one occasion had offered to pay for a nanny to look after her child so that she could accompany him to Port Elizabeth for the weekend.
The woman, who was an intern, was forced to block Madlingozi’s cell number because she could not take his late-night calls any more.
The ruling indicated Madlingozi used the terms “sweetheart” and “baby baby” even though the woman had made it clear she didn’t welcome them.
It further revealed Madlingozi had invited the intern to his farm so they could engage in sexual activities and that Madlingozi also threatened to assault her on one occasion.
Madlingozi, a former Umkhonto we Sizwe operative, has maintained his innocence and claimed he had been framed by then economic affairs MEC Mcebisi Jonas, who is now deputy minister of finance.
But the bargaining council dismissed his defence, saying it was based on denial and an alleged political conspiracy.
“Without even dwelling on the applicant’s conspiracy, I need to state that none of such was corroborated by any evidence,” the ruling reads.
“Having considered the above, it is my finding that the dismissal of the applicant under the circumstances was fair and reasonable. The dismissal of the applicant is upheld. I make no order as to costs.”
Contacted for comment yesterday, Madlingozi said: “I’m going to challenge this outcome and clear my name even it means taking it to the Constitutional Court.”
Madlingozi was appointed Masualle’s chief of staff last month, which will see him overseeing the running of all government departments and their parastatals.
Public Service and Administration Department spokesman Brent Simons said the Public Service Act allowed for people who had been found guilty of misconduct and dismissed to be re-employed in the public service.
“However, departments have to give due regard to the nature of the misconduct concerned and when the misconduct was committed. It is also important to note that the Public Service Act stipulates that no person shall be permanently appointed in the public service unless such a person is of good character,” he said.
Simons said as of January 1 2008, departments have to conduct pre-employment verifications before appointing staff.