CAPE TOWN - The suspension of the Chief Legal Officer of Necsa, Mr Vusi Malebana, has been lifted by the Labour Court in Pretoria today.
Malebana had been suspended on 24 July of this year by acting chief executive of Necsa Ayanda Myoli, who was appointed by the four remaining board members at Necsa.
BR previously reported that the appointment of the current board at Necsa was been declared unlawful and set aside by acting Judge Justice Mtati in the North Gauteng High Court on 15 August.
Myoli suspended Malebana on accusations that he disclosed to the current Minister of Mineral Resources and Energy, Gwede Mantashe, that the Radebe-appointed board was carrying out illegal acts and that Malebana had not fully brought this to the attention of the current board.
Malebana argued that it was his duty to bring such illegal acts to the attention of Mantashe, since the board were ignoring his advice.
He further argued that he had tried a number of times to bring this to the attention of the current board but that they had ignored him.
The board had even excluded Malebana from the majority of board meetings.
The court ruled in favour of Malebana, citing the Protected Disclosures Act and stated that the disciplinary measures brought against him by Myoli were an 'occupational detriment' and were unlawful.
The court further interdicted the board from instituting any further disciplinary action against Malebana.
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