Settlement talks with health finance officer

DISCUSSIONS to reach a settlement were believed to be taking place between the Health Department and its former chief financial officer about his appointment being set aside.

In April the department cancelled Brian Ndoda Biyela’s appointment, saying it was procedurally irregular.

At the time MEC Sibongiseni Dhlomo vehemently opposed Biyela’s employment and told The Mercury “it would be trespassing for Biyela to set foot in the department’s offices”.

In May, Biyela brought an urgent application to the Pietermaritzburg High Court that he be allowed back into the department’s building and to carry out his work. Argument was heard as to whether the matter was urgent and judgment was reserved.

However, the legal parties agreed that the matter was not urgent and this was relayed to the judge, who did not have to decide.

A source involved in the matter said yesterday that if a settlement was not reached with the department, the matter would be put on the court roll to review the decision to set aside his appointment, allegedly because of irregularities.

Biyela had been suspended from the Gauteng Health Department in August last year and took the matter to the bargaining council. A settlement was later reached between him and the department, according to which he was to be paid R407 300, equivalent to four months’ pay.

Remain

It was agreed he would remain on the Persal system until January 31 this year and that the employment relationship was terminated.

Biyela resigned in November with immediate effect. His argument was that because he was on the Persal system, it meant he was still an employee until the end of January and could obtain a transfer within the public service.

On January 29 his transfer to KZN had been approved with effect from February 1.

Biyela began work in KZN, but on April 14 he was told his appointment was recalled because it was procedurally irregular.