Allegations fly between premier and former EC education boss

Ngonzo has now claimed that it was the premier’s lawyers who initiated a settlement between the parties and not the other way round, as the premier’s office had claimed.

This is contained in letters – seen by the Daily Dispatch – exchanged between Ngonzo’s and Masualle’s lawyers since January 28.

The Saturday Dispatch can reveal that Masualle’s lawyers Bax Kaplan Russell Incorporated wrote to Ngonzo proposing a settlement to the two-year battle.

The letter dated January 28 2016, addressed to Ngonzo’s lawyers, said: “Given the fact that our client believes that the employment relationship has broken irretrievably, and in order to move on without the necessity of lengthy and protracted disciplinary processes as well as possible judicial processes, our client has instructed us to propose a mutual separation with our client on the basis that our client pay to yours equivalent to 6 (six) months’ remuneration, cost-to-company”.

This is in contrast to claims by Masualle’s spokesman, Sizwe Kupelo, that Ngonzo approached them with the proposal this week – two days before his disciplinary hearing was scheduled to start.

In their response, in a letter dated January 29, Ngonzo’s lawyer Vuyani Majebe said: “We find it strange your client is now alleging a breakdown in the working relationship with Mr Ngonzo when he denied ever employing him. We now know that the reason why Mr Ngonzo has been charged is the alleged breakdown of the working relationship.

“We want to place on record that Mr Ngonzo has no knowledge of the breakdown in the working relationship with your client.”

Majebe said Ngonzo was prepared to clear his name and that he had been “instructed to fight tooth and nail any attempts to impugn his good name and professional

integrity”.

He further stated: “We have been instructed to advise you that our client, in principle, is not opposed to your proposal for a mutual separation with your client but rejects outright your offer of an amount equivalent to six (6) months.

“Our client has a five-year contract with your client and is only prepared to accept payment of the remainder of his contract, plus his pension as he has been in the employ of the department of education for an uninterrupted period since 1987.

“Our client’s position is equally not subject to negotiation and counsel has been briefed accordingly to prepare for the disciplinary hearing”.

None of the parties were willing to say what the final settlement contained, but it is understood that Ngonzo received more than the initial offer of six months’ salary.

Yesterday Ngonzo referred all questions relating to his legal matters and the settlement to Majebe.

He accepted the terms of the settlement on Thursday.

Ngonzo was suspended by Makupula in 2014 for charges related to allegations of mismanagement of a R46-million school furniture tender.

The tender was awarded to 14 companies but the Bhisho High Court set it aside in March 2014 after it ruled the tender had been awarded irregularly and unlawfully.

Ngonzo challenged his suspension in court, stating Makupula did not have the powers to do so and that authority rested with the premier.

The court ruled in Ngonzo ’s favour only in relation to the issue of Makupula’s powers. He was then placed on special leave by Masualle in December last year.

The charges that Ngonzo would have faced in his disciplinary hearing on Thursday included:

lGross financial misconduct, negligence and dereliction of duty in the awarding of the tender;

lGross financial misconduct in the appointment of Fever Tree Consulting to overhaul the department’s administration amount at a cost of R61.1-million; and

lAppointment of Fever Tree Consulting to provide human resource consulting services to the department without authority and without measurable deliverables.