[ad_1]
Public protector Busisiwe Mkhwebane at a parliamentary meeting in October 2019.
- The Constitutional Court granted the former director of operations of the Public Protector Basani Baloyi permission to appeal a decision of the High Court in her fight against the Public Protector.
- The High Court ruled that the matter was “essentially a labor matter.”
- While the High Court did not hear Baloyi’s arguments against his removal from the Public Protector, the Constitutional Court gave Baloyi the go-ahead to have his case heard again.
The former director of operations (COO) of the Public Protector of SA Basani Baloyi received the approval of the Constitutional Court for her case against the Public Protector to be heard again.
This, after she successfully challenged a Superior Court ruling on the grounds that she had no jurisdiction to hear her “labor matter.”
READ | ‘Serious rot at the core’ of Mkhwebane office – former COO of Public Protector
In a unanimous judgment drawn up by Judge Leona Theron, the Constitutional Court found that the High Court was wrong in dismissing Baloyi’s case because it was “essentially a labor dispute.”
“Consequently, your appeal against the High Court’s decision on jurisdiction must be upheld and the matter must be referred to the Superior Court, Gauteng Division, Pretoria for a hearing de novo (again).”
However, the court noted that the Labor Court did not have exclusive jurisdiction over labor matters, unless required by law, and that such matters could also be dealt with by a Superior Court.
“The exclusive jurisdiction of the Labor Court is exercised when the law requires it, or when a litigant asserts a right under the LRA (Labor Relations Act) or is based on a cause of action based on the breach of an obligation contained in that law. ” Theron wrote.
“In summary, the mere fact that a dispute is located in the labor and employment sphere does not exclude the jurisdiction of the Superior Court.”
READ ALSO | Axed Public Protector COO Claims Mkhwebane Acted Unconstitutionally – Court Documents
The ruling allows Baloyi to continue his case again, either in Superior Court or in Labor Court.
The court also ordered the Public Protector to pay Baloyi’s legal costs.
However, the court rejected Baloyi’s authorization to appeal the heart of the matter: that the decision of the public protector to terminate his contract in 2019 was “unconstitutional, illegal, invalid and without force or effect.”
Baloyi applied for an order forcing the office to reinstate her and an order declaring that Busisiwe Mkhwebane had violated his constitutional obligations as Public Protector, which the Constitutional Court decided not to hear.
Theron said this was because “the merits of Ms. Baloyi’s application were not heard in Superior Court” and suggested that it be done.
Last year, Mkhwebane and his CEO, Vussy Mahlangu, fired Baloyi and suspended four other top officials and investigators at the office in a radical purge.
Baloyi took her case to court, saying she believed Mkhwebane fired her because it was “an obstacle to the Public Protector and the Executive Director using their power for their own personal advancement.”
She argued that Mahlangu did not have the authority to terminate her contract, saying that “the termination decision was made in bad faith for the further purpose of promoting nefarious political goals,” according to court documents.
In turn, Mkhwebane denied the allegations, saying they were “scandalous, vexatious and / or irrelevant” and that the case should be viewed as “nothing more than revengeful revenge”.
Did you know that you can comment on this article? Subscribe to News24 and add your voice to the conversation.
