By Cebelihle Bhengu.
The suspended director-general (DG) of the public enterprises department, Kgathatso Tlhakudi, has applied to the Constitutional Court to have his suspension declared unlawful and unconstitutional.
A Labour Court ruling in October confirmed his suspension.
In papers filed in the Constitutional Court, Tlhakudi argues that President Cyril Ramaphosa, Justice and Correctional Services Minister Ronald Lamola and Public Enterprises Minister Pravin Gordhan have no authority to extend his suspension.
Tlhakudi also laments that the suspension, which has lasted more than 60 days, violates his constitutional rights to dignity and trade, and threatens his job security and reputation.
He said appealing the matter at the Labour Appeal Court (LAC) would be a delay, considering the expiration of his term in July of next year.
“Should I take the long, arduous journey to the LAC before I approach this court, it would take six to 12 months – and, by that time, my contract would have expired, and thus an effective remedy would be out of my reach.”
He was suspended on 22 June after an unknown whistleblower laid a corruption complaint via a national anti-corruption line, alleging he had failed to follow due process in the appointment of a candidate for a position that had been vacant in the department.
Gordhan forwarded the complaint to the Presidency, to which Ramaphosa responded by appointing Lamola to deal with the matter.
On Tuesday, Tlhakudi said his suspension was malicious and based on corruption.
He claimed that Gordhan targeted him because he had spoken out against corruption and the sale of SAA, which the minister handled like a “pension benefit intended to benefit him and a few people picked unlawfully”.
In papers filed in the Labour Court last month, he alleged that Gordhan had a personal vendetta against him and that he wanted to destroy his career.
However, in his ruling, Judge André van Niekerk said this allegation was unfounded.