The labour court has dismissed a court application that sought to overturn the suspension of outgoing higher education, science and technology director-general Gwebs Qonde.
The judgment was delivered a day after Qonde's employment contract expired on Monday.
In the case that also saw President Cyril Ramaphosa, Qonde's boss, higher education minister Blade Nzimande and home affairs minister Aaron Motsoaledi being hauled as respondents, Qonde on Aug. 31 approached the labour court in Johannesburg, seeking an urgent interdict against his suspension.
He argued in court that his suspension amounted to unfair labour practice.
Qonde told the court that Nzimande suspended him purely based on personal rather than operational issues.
He said Ramaphosa also unsuccessfully attempted to mediate between the two parties.
“Qonde alleged that having made a protected disclosure, he was subjected to an occupational detriment and was unlawfully or unfairly suspended on July 23, following an adverse audit report by the office of the Auditor General,” read the court judgement.
Qonde alleged that the relationship between himself and Nzimande started deteriorating after 2019, and attempts by the DG in the presidency, Dr Cassius Lubisi, to undertake a reconciliatory process as instructed by Ramaphosa only exacerbated the situation.
Qonde said from then on he was treated callously and in a perennially condescending manner.
He said Nzimande at some point gave him (Qonde) unlawful instructions to appoint six individuals “contrary to the prescripts” and in the 2020/2021 financial year they raked in R6.5-million in payments.
The judgment also said Nzimande apparently accused Qonde of ill-treating a Mr Zungu, which subsequently resulted in his resignation.
“All of these culminated in Qonde disclosing the conduct of Nzimande to Ramaphosa on May 27 2020. In response, Ramaphosa arranged a meeting on August 2020. This was more of a reconciliatory meeting. Withal, the hostility deepened.”
Ramaphosa testified that when the impasse regarding the working relationship between Nzimande and Qonde was brought to his attention, he offered to transfer Qonde to another department, an offer which was rejected.
“The conclusion this court reaches is that there is no causal connection between the disclosures made by Qonde to Ramaphosa and the suspension that befell him on 23 July 2021,” said Judge GN Moshoana.
“The applicant should pay the costs of this application which include the employment of two counsel where so employed.”
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