Minister ‘breaks rules’ to remove D-G

Labour Minister Mildred Oliphant File photo: Boxer Ngwenya

Labour Minister Mildred Oliphant File photo: Boxer Ngwenya

Published Nov 14, 2013

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Johannesburg - Department of Labour director-general Nkosinathi Nhleko has been unceremoniously moved from his post following a breakdown in the relationship between him and Labour Minister Mildred Oliphant.

Nhleko has been seconded to the Department of Public Service and Administration (DPSA) “pending the resolution of the determination of your conditions of service and employment by the president”.

Last Wednesday, an acting director-general was appointed while Nhleko was still occupying his position.

The letter informing Nhleko of his secondment from DPSA Minister Lindiwe Sisulu read: “This serves to advise you that I and the minister of labour have reached an agreement that you be seconded to the Department of Public Service and Administration.

“This arises from difficulties being experienced currently in your relationship with the minister of labour.

“Under the circumstances it is apparent that the relationship has irretrievably broken down and on account of irreconcilable differences.

“This state of affairs brings the Department of Labour into disrepute and negatively affects its ability to best serve the public.”

However, Nhleko hit back in his letter to Oliphant, saying the Public Service Act, Section 3B(2) imposes an expectation that should the situation necessitate a redeployment, the director-general shall be consulted to secure his or her consent.

He added that the appointment of an acting director-general was against the law and amounted to a “constructive dismissal”.

Nhleko also wrote to Sisulu acknowledging he had received her secondment letter.

In his response, he accepted the secondment, but indicated that his relationship with the minister had “a number of challenges”.

“The challenges have made the relationship to be irreconcilable to an extent that I do not believe we can continue to work together.”

When contacted for comment, Department of Labour spokesman Page Boikanyo said: “I don’t have any information about that.”

He referred further queries to Oliphant’s spokesman, Musa Zondi, who said he had been advised to refer any enquiries to DPSA.

Efforts to get comment from DPSA spokesman Ndivhuwo Mabaya proved fruitless.

Nhleko said he was happy to work for any government department, but said it was an “anomaly” for an acting director-general to be appointed while the incumbent was still in office.

Nhleko said colleagues called him while he was at a conference, asking about the acting DG.

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