SUSPENDED Eastern Cape education boss Mthunywa Ngonzo has taken the education department to court to interdict disciplinary proceedings against him.
Ngonzo wants premier Phumulo Masualle to mediate before his disciplinary hearing proceeds any further.
Yesterday Ngonzo’s lawyer Vuyani Majebe of Dyushu Majebe Attorneys confirmed papers had been filed in the Bhisho High Court for the matter to be heard on November 6.
“We approached the court to review the decision of the presiding officer not to allow the premier to mediate.
“We raised two points in the hearing: that the premier is the employer and is the one to suspend my client not the MEC, a supervisor. The premier signed the letter of appointment.”
He said another point was Masualle, as the employer, should mediate before the hearing proceeds further.
His counterpart from Maimane Inc Attorneys, David Maimane, who represents the department in the hearing and in the court matter, confirmed they had opposed the application.
Opposing papers were filed on Wednesday.
Maimane said Ngonzo was avoiding the disciplinary hearing.
“He made a proposal for a settlement and we rejected it,” he said.
Part of the proposal was that Ngonzo wanted to be paid for the remainder of his contract, be reinstated and moved to another department.
He said Ngonzo should also have written to the premier rather than take the matter to court.
Majebe denied this, saying the settlement was a separate matter which Maimane raised.
“We responded to their suggestion. They asked how this matter could be resolved.
“This was an off-the-record matter.”
He said they had made a decision to go to court to also compel the premier to mediate.
“We could not write to the premier because a decision had already been made not to allow him to mediate.
“The presiding officer had also given us dates to proceed with the hearing. The only alternative was to go to court to interdict the process.”
The Daily Dispatch learnt Ngonzo’s suspension had caused tensions within the department and provincial education department chief financial officer Henry Isaacs was allegedly facing suspension.
Isaacs did not respond to questions yesterday.
Eastern Cape education spokesman Loyiso Pulumani said the department would not comment on the matter pertaining to the ongoing disciplinary process involving Ngonzo. — msindisif@dispatch.co.za
Education boss turns to court over suspension
Ngonzo wants premier Phumulo Masualle to mediate before his disciplinary hearing proceeds any further.
Yesterday Ngonzo’s lawyer Vuyani Majebe of Dyushu Majebe Attorneys confirmed papers had been filed in the Bhisho High Court for the matter to be heard on November 6.
“We approached the court to review the decision of the presiding officer not to allow the premier to mediate.
“We raised two points in the hearing: that the premier is the employer and is the one to suspend my client not the MEC, a supervisor. The premier signed the letter of appointment.”
He said another point was Masualle, as the employer, should mediate before the hearing proceeds further.
His counterpart from Maimane Inc Attorneys, David Maimane, who represents the department in the hearing and in the court matter, confirmed they had opposed the application.
Opposing papers were filed on Wednesday.
Maimane said Ngonzo was avoiding the disciplinary hearing.
“He made a proposal for a settlement and we rejected it,” he said.
Part of the proposal was that Ngonzo wanted to be paid for the remainder of his contract, be reinstated and moved to another department.
He said Ngonzo should also have written to the premier rather than take the matter to court.
Majebe denied this, saying the settlement was a separate matter which Maimane raised.
“We responded to their suggestion. They asked how this matter could be resolved.
“This was an off-the-record matter.”
He said they had made a decision to go to court to also compel the premier to mediate.
“We could not write to the premier because a decision had already been made not to allow him to mediate.
“The presiding officer had also given us dates to proceed with the hearing. The only alternative was to go to court to interdict the process.”
The Daily Dispatch learnt Ngonzo’s suspension had caused tensions within the department and provincial education department chief financial officer Henry Isaacs was allegedly facing suspension.
Isaacs did not respond to questions yesterday.
Eastern Cape education spokesman Loyiso Pulumani said the department would not comment on the matter pertaining to the ongoing disciplinary process involving Ngonzo. — msindisif@dispatch.co.za
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