Objection to external Nkandla representatives

Published Nov 20, 2014

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Durban - The Public Servants Association (PSA), representing 12 Department of Public Works employees facing charges in connection with the Nkandla security upgrades, called on the chairman of the disciplinary inquiry to recuse himself.

Advocate Nhlanhla Mfeka, who presided over Wednesday’s media application for access to the disciplinary hearings, was appointed by the department to chair the proceedings.

But the PSA’s legal counsel, advocate JP Broster, objected to having an “external” person chairing departmental disciplinary inquiries, and brought an application for Mfeka to recuse himself.

“The basis of our objection is that the bargaining council does not provide for external representatives in disciplinary hearings,” he argued.

Barnie Ntlou, the department’s acting director of legal services, reminded Broster that the issue of external representatives was raised more than five months ago.

“This should have been dealt with then. This application to challenge the suitability of the chairman is ambushing the purpose of the day – the media application,” Ntlou said. “The employees are entitled to the application, but it can be dealt with at another date.”

Mfeka stood his ground, saying his appointment was valid unless annulled by a court of law. On that note the hearing for the media application proceeded.

On the sidelines of the hearing, Roshan Lil-Ruthan of the PSA said they were finalising a court application opposing the use of external attorneys and advocates to represent the department in such hearings.

“The application should be finalised this week. We are opposed to external people chairing these hearings. We believe this is an issue between the employer and employee, and therefore external parties should not be allowed.”

Lil-Ruthan said he hoped Mfeka would recuse himself from any further involvement in the proceedings.

“You have a chairperson employed by the employer as a representative. The first prize was to have the media restricted. We then need the employer to stop appointing external representatives.

“We cannot be fooled by today’s (Wednesday) finding lest we find ourselves with a surprise outcome which could be dangerous to our members.”

Daily News

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