Johannesburg - The Public Servants Association (PSA) says that it is shocked by what it says was a "misleading and incorrect" statement by Minister of Human Settlements Mmamoloko Kubayi on a matter involving one of its members that is still under way at the General Public Service Sectoral Bargaining Council (GPSSBC).
The union said that Kubayi stated that the disciplinary process of a PSA member, former deputy director of corporate services Nelly Letsholonyane, had been concluded.
"It is not clear why the minister was deliberately lying about the matter while she knows the facts. The disciplinary process is ongoing at the GPSSBC, where the PSA is representing the member and advocating for a fair and just resolution.
"Contrary to the minister's statement, no conclusion has been reached. The chairperson of the proceedings on two occasions requested parties to mediate. The department’s failure to respond to these requests has stalled the process," said the PSA in a statement.
Letsholonyane was dismissed on the basis that a lift was malfunctioning, and that the minister was trapped in the lift.
"This came after the minister tried to convince the member to retire or face dismissal. The minister abused her power; it is not justifiable for anyone to be dismissed based on these circumstances or be forced to retire," said the union.
They added that it was deeply concerning that Kubayi made this statement without providing an opportunity to present the facts and evidence pertinent to the case.
"The minister lacks a comprehensive understanding of the situation, resulting in a premature and unjust conclusion being conveyed to the public. The member has taken legal action against the department to address its unlawful actions, with particular focus on the minister's involvement. The matter is currently under appeal, with a cost order against the department, highlighting the gravity of the situation," added the PSA.
The union further said Kubayi should retract the misleading statement and engage with parties involved in the disciplinary process.
"It is essential for the minister to uphold the principles of fairness, transparency, and respect for due process. The minister’s conduct should reflect the highest standards of accountability and adherence to the rule of law. The PSA remains resolute in pursuit of justice and will take all necessary measures to ensure that the rights of public servants are protected and upheld," said the PSA.
Earlier this week, the minister said Letsholonyane had been undergoing various disciplinary processes, including those that preceded the arrival of Kubayi at the department.
"The minister firmly believes that Letsholonyane was presented with several allegations of misconduct and afforded an opportunity to make a written representation as to why she should not be dismissed.
"The minister considered the representation and found the explanation to be insufficient," the department said.
The matter is still ongoing in court, and once it has been finalised, the minister will issue a media statement.
The Star