Labour court verdict vindicates Kubayi’s concerns over hiring practices

Human Settlements Minister Mmamoloko Kubayi expressed approval over the recent Labour Court ruling, which discovered that the department’s Deputy Director-General for Corporate Services, Nelly Letsholonyane, had illegally hired nine employees.

The hiring process failed to comply with the Public Service Act’s recruitment procedures.

Labour court ruling

This legal conclusion adds weight to Minister Kubayi’s previous claims of misconduct within her department, particularly issues that have landed the department in legal hot water.

“It is my belief that we are on the path to restoring the credibility of the Department and ensuring that all public servants understand that compliance with policies and prescripts within public service is not optional,” Minister Kubayi commented.

“We are playing our part in professionalisation of public service.”

Internal checks reveal irregularities

The department had already detected these illicit appointments during an internal audit.

The financial statements of the department recorded these salaries as irregular expenditure, pending the court’s decision.

Notably, these hires were carried out without the mandated authority from either the Accounting Officer or the Executive Authority of the department.

‘Not beyond bounds of the law’

In the verdict handed down on 2 October 2023, the court emphasised the role and responsibility of civil servants.

“Civil servants employed in any sphere of government or in any organ of state, must not consider themselves beyond the bounds of the law, but subject to it.

“Being in civil service is a privilege that must be held in great respect at all times.”

Following the court’s decision, these unlawful appointments have been annulled. The department is now set to take appropriate action in accordance with the judgement.

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