Durban - KwaZulu-Natal prisons boss Mnikelwa Nxele will square off with his employers in the Durban Labour Court on Wednesday to challenge his suspension.
Nxele, who has been the correctional services regional commissioner for the past seven years, was served a suspension letter last week pending an investigation of charges of misconduct.
He has launched an urgent application to have his suspension lifted or for the court to order that it had no effect.
However, sources said there was high-level interference in the matter.
“Nxele feels like he is being punished for ensuring that there is good governance within Correctional Services,” said one of his colleagues.
He said Nxele was being targeted because he had ignored instructions to reinstate a fired employee.
The colleague said the dismissed female employee was allegedly in a romantic relationship with a high-ranking government official and was being protected.
In his court papers, Nxele said that he first heard that his suspension was being considered in a letter sent to him by national Correctional Services Commissioner Zach Modise on January 19.
Two days later, Modise sent the formal letter of suspension.
Nxele said he believed the misconduct allegations related to his refusal to carry out Modise’s instruction to reinstate an employee who had been fired in absentia in 2012.
The employee was dismissed for being absent from work for long periods, for more than 60 days, without any reasons having been provided.
The employee has challenged the dismissal in an application which is to be heard by the Labour Court next month after her case was dismissed at the bargaining council. He said other allegations of misconduct related to his refusal to participate in interviews for senior management services appointments and for not following procurement processes related to a tender in 2012.
Regarding the interviews for senior management, Nxele said he had uncovered irregularities in the selection of candidates and had indicated that he would not participate in the interviews unless those issues were addressed.
He said instead of the matter being dealt with, he had received a written instruction to participate in the interviews or action would be taken against him.
He said the allegation about the 2012 procurement matter was “so vague” that it did not warrant comment.
“It is a further indication that the first respondent is clutching at straws to have me removed from the workplace at all costs.”
Nxele said he had made “protected disclosures” to the Public Service Commission and public protector about the irregularities in the reinstatement of the employee, the interview process for senior management and other matters regarding Modise.
“It is obvious that the first respondent (Modise) is retaliating against the complaints that I have lodged.”
The Mercury