Mamodupi Mohlala has been reinstated as director-general of the department of communications.
Communications minister Siphiwe Nyanda and Mohlala reached a settlement on Thursday morning that states Nyanda has agreed to withdraw the letter of termination he handed to Mohlala, meaning she has been reinstated.
However, Nyanda’s spokesman Tiyani Rikhotso insists “the agreement does not imply the immediate reinstatement of the former director-general to her old position”. Rather, he says, it allows for what “she initially requested from the president to take effect”.
But the out-of-court settlement states only that Mohlala will not head directly back to the department. She must take a month’s leave to allow public service & administration minister Richard Baloyi to find her an alternative placement within government.
If Baloyi has not found her an equal position in another department by this time next month, she will return to the communications department in a full-time capacity.
Nyanda made the stunning announcement that he had fired Mohlala in July, citing an irreparable breakdown in their working relationship. (See Nyanda’s letter of termination to Mohlala.)
Mohlala then fought back, submitting a tell-all affidavit to the labour court and she was expected to have her day in court at the end of July. Her argument was that the minister did not have the authority to hire and fire her.
Mohlala acceded to a request by President Jacob Zuma at the end of July to postpone her legal action against Nyanda, giving Baloyi a chance to repair the situation.
In an attempt to find a resolution, Zuma and Baloyi offered Mohlala a R2,9m golden handshake, which she declined.
In addition to the R2,9m — what she would have earned for her time as director-general — the president and Baloyi have offered to cover R200 000 of her legal fees.
It was the second cash offer the former director-general rejected, after Nyanda offered her R1,6m late in July.
However, at the time, Mohlala said she refused the cash because she wanted her job back, or an equal position in another department.
It appears the reason Baloyi was having difficulty finding Mohlala an alternative position in government, because she was no longer considered a member of the public service.
With her reinstatement as director-general, that problem is removed and the hunt for a new position for her can begin in earnest. — Candice Jones, TechCentral
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