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Social Development ordered to compensate an employee over “suspension without due process”


Staff reporter

Bloemfontein – The department of Social Development in Free State is facing a repeat of unceremonious visit by Sherrif of the court.

This follows the CCMA certifying the arbitration award in favour Thabo Isaac Mahlaba who declared unfair Labour practice and cited due processes were not followed were not followed in terms of resolution 1 of 2003.

According to the Senior Commissioner at CCMA, the award was issued to Social Development on the 25 September 2023 and the department was ordered to pay Mahlaba on the 15 October 2023.

After the department failed to pay Mahlaba, the award was then confirmed by CCMA on the 25 October 2024 making an order and binding.

PSA

The Public Service Associate (PSA) on behalf of Thabo Mahlaba has now notified Mathabo Leeto, Member of Executive Council (MEC) for Social Development that it will approach the Sherrif of the court if the award is not implemented by the 3 February 2025.

It will not be the first time Sherrif of the court visits department of Social Department, in June 2022, Sherrif attached furniture belonging to the department in the case between Dibuo Mabitle v Social Developing.

Mabitle represented by NEHAWU attached the furniture after the department failed to pay her R880 395.36 as ordered by bargaining council and she was to assume the role of a Director: Youth Development from 1 November 2019.

Mabitle, having received her appointment letter from Maki Mahasa, former MEC for Social Development in April 2018, approached bargaining council when she found out Dibolelo Mahlatsi was appointed a month later.

Mahlatsi’s appointment date was the 14 May 2018, by the late MEC, Butana Khompela.

The bargain council found the submission for Mahlatsi’s appointment was tampered with and was not a true reflection of proceedings.

Thus, Mahlatsi’s appointment was declared irregular by bargaining council.

In other related news, Pakiso Lebone, a Chief Director at Provincial Treasury who was suspended together with two others for MACUFE payment approached the bargaining council and it ruled in his favor.

Lebone was suspended and never got charged, however, he was moved to another position despite no charges being preferred against him.

He has since returned to his position following the reshuffling of HODs.

The Free State high court ordered the remaining balance owed to Consumer Connectedness (C-2) be paid with interest accumulated (+/-R200 000) of tax payers and this would have been avoided without C-2 going to court.

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