Bhisho High Court acting judge Mazembe Ndzondo yesterday set aside the disciplinary action against Eastern Cape education head of department Mthunywa Ngonzo.
Ndzondo also ordered education MEC Mandla Makupula and Premier Phumulo Masualle to pay the legal costs incurred by Ngonzo.
Ngonzo went to the court last year to challenge Makupula’s decision to suspend him and institute disciplinary action.
He argued that Masualle was his employer and should discipline him, not Makupula, his supervisor.
However, Ndzondo’s order did not state that Ngonzo’s suspension had been lifted.
In his order, Ndzondo questioned why the letter of delegation of powers by Masualle to Makupula was never part of the department’s defence submission in the initial stages of the court proceedings.
The letter, which surfaced in March this year, was from David Maimane, who represented the education department in court.
It was sent to Ngonzo’s lawyer, Vuyani Majebe of Dyushu Majebe Attorneys.
Majebe said yesterday he would engage the education department and ask for his client to return to work. “We are happy and feel vindicated. We have made it known from day one that the MEC doesn’t have powers. We were forced to go to court in a simple case and the MEC has unnecessarily wasted taxpayers’ money.”
Majebe said the disciplinary hearing would have been a “kangaroo court”.
Eastern Cape education spokesman Loyiso Pulumani said the department had noted the order. “We obviously respect the outcomes of the country’s judiciary but we will comment when we have fully studied the judgment,” he said.
Provincial spokesman Sizwe Kupelo said the state would “study the judgment and communicate in due course”.
Ngonzo was suspended in June last year. He challenged a ruling made by the disciplinary committee presiding officer Fumani Baloyi that Makupula was his employer and had acted correctly to suspend and discipline him.
Ngonzo was granted an urgent interdict in November last year stopping the disciplinary hearings against him. The interdict was granted pending a review application on who had the powers to suspend and discipline him – Makupula or Masualle.
Months later, the parties returned to court to submit their heads of arguments.
Maimane said Masualle had delegated powers to members of his executive council, which meant Makupula could suspend Ngonzo.
But according to Ndzondo’s order, while Masualle confirmed he had delegated authority to Makupula, this was not enough to persuade the judge due to its late submission. No reasons were given for the delay. — msindisif@dispatch.co.za
Education HoD wins in court
Ndzondo also ordered education MEC Mandla Makupula and Premier Phumulo Masualle to pay the legal costs incurred by Ngonzo.
Ngonzo went to the court last year to challenge Makupula’s decision to suspend him and institute disciplinary action.
He argued that Masualle was his employer and should discipline him, not Makupula, his supervisor.
However, Ndzondo’s order did not state that Ngonzo’s suspension had been lifted.
In his order, Ndzondo questioned why the letter of delegation of powers by Masualle to Makupula was never part of the department’s defence submission in the initial stages of the court proceedings.
The letter, which surfaced in March this year, was from David Maimane, who represented the education department in court.
It was sent to Ngonzo’s lawyer, Vuyani Majebe of Dyushu Majebe Attorneys.
Majebe said yesterday he would engage the education department and ask for his client to return to work. “We are happy and feel vindicated. We have made it known from day one that the MEC doesn’t have powers. We were forced to go to court in a simple case and the MEC has unnecessarily wasted taxpayers’ money.”
Majebe said the disciplinary hearing would have been a “kangaroo court”.
Eastern Cape education spokesman Loyiso Pulumani said the department had noted the order. “We obviously respect the outcomes of the country’s judiciary but we will comment when we have fully studied the judgment,” he said.
Provincial spokesman Sizwe Kupelo said the state would “study the judgment and communicate in due course”.
Ngonzo was suspended in June last year. He challenged a ruling made by the disciplinary committee presiding officer Fumani Baloyi that Makupula was his employer and had acted correctly to suspend and discipline him.
Ngonzo was granted an urgent interdict in November last year stopping the disciplinary hearings against him. The interdict was granted pending a review application on who had the powers to suspend and discipline him – Makupula or Masualle.
Months later, the parties returned to court to submit their heads of arguments.
Maimane said Masualle had delegated powers to members of his executive council, which meant Makupula could suspend Ngonzo.
But according to Ndzondo’s order, while Masualle confirmed he had delegated authority to Makupula, this was not enough to persuade the judge due to its late submission. No reasons were given for the delay. — msindisif@dispatch.co.za
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