Home affairs DG files court papers to set aside ‘unlawful’ suspension

Home Affairs director-general Mkuseli Apleni on Wednesday filed an urgent application to the Pretoria High Court to declare his suspension last week by Minister Hlengiwe Mkhize invalid and unlawful.

In a terse statement, Mkhize announced on September 18 Apleni was put on precautionary suspension without providing any further details, but Apleni indicated he would challenge his suspension in court.

According to SowetanLIVE, in court papers the DG claims his suspension was related to the VVIP Fireblade terminal at OR Tambo International Airport, owned by the Oppenheimer family, and his apparent failure to provide a detailed briefing to the minister‚ who wished to seek guidance from the president.

Apleni reportedly attached to his court papers correspondence between him and Mkhize‚ where he indicates he was not aware of the request for a detailed memo.

He argues the process followed in suspending him was procedurally unfair and that the appointments and “other career incidents” of heads of departments in government should be dealt with by President Jacob Zuma in terms of the Public Service Act.

Apleni wants the court to declare that the minister had no authority to suspend him and that his suspension was invalid and unlawful, as well as set aside the decision.

Other charges levelled at Apleni, according to the report, include:

– failure to provide effective leadership during negotiations with unions‚ which has led to the collapse of the talks between workers and government as employers;

– he “dismally failed to show diligence and urgency” in resolving several legal disputes between the department and third parties;

– failure to prioritise filling critical posts in the ministry; and

– failure to arrange regular meetings between the minister‚ senior officials and the director-general to keep the minister abreast of government’s political programmes.

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