A SPECIAL adviser to a cabinet minister has filed for an urgent interdict against the Department of Justice and Correctional Services challenging his termination of employment.
Legal representatives for Mzukisi Ndara, who is employed in the office of Deputy Minister of Correctional Services Patekile Holomisa, filed an application with the Labour Court, seeking an order to set aside the decision which would come into effect on April 30.
In the court papers Ndara also seeks declaratory orders to enforce the provisions of the contract of employment.
Acting National Commissioner for Correctional Services Makgothi Thobakgale, Holomisa, Justice Minister Ronald Lamola and the Department of Public Service and Administration have been cited as respondents in the matter.
The court action also seeks to ensure that Ndara continues to receive his salary until the finalisation of proceedings which will further argue for the department’s action to be declared unlawful and null and void.
Ndara was appointed in June 2019 as director: head of office to Patekile’s office on a fixed five-year contract.
He occupied the office for only four months before he was transferred as special advisor to Holomisa in October 2019.
In the event that the court finds that Ndara was legally appointed to the position of special advisor, he seeks an order adjusting his salary and remuneration package.
He also argued in the papers that the Department of Justice and Correctional Services contravened the provisions of the Basic Conditions of Employment Act by making unlawful deductions on his gross salary on a monthly basis, and thus wanted the employer to pay back all the money.
Holomisa sought to appoint another employee as head of office and promoted Ndara to the position of special advisor.
“My appointment as head of office was approved and confirmed and I signed the contract,” Ndara said in his founding affidavit.
“I was never legally employed as a special advisor. I never signed any contract of employment with the employer in June 2019,” he added
In the court papers he further argued that the employer was attempting to enforce an “illegal and unenforceable” contract.
“In August 2019 my job title was unilaterally changed to that of director technical specialist on the Persal system and this resulted in my demotion,” he said.
He argued that the move was effected without his consent.
“Seeing that my health was adversely and detrimentally affected I sought legal advice and a letter was sent to the employer on 7 March asking for a round-table discussion with regards to the failure to appoint me as technical specialist in the office of Holomisa at Level 14 for almost three years and to see if we could reach a mutually agreeable separation agreement”, Ndara said.
However, on March 11, Thobakgele responded by “arbitrarily and unilaterally” terminating Ndara’s employment.
Ndara said the decision to terminate his employment was taken with an “ulterior purpose and motive” to stop him from enforcing his contractual rights and constitutional right to fair labour practice.
The matter is set down for hearing at the Labour Court on April 22.
The Department of Correctional Services will oppose the application.