Home Affairs DG files court papers to overturn suspension

Suspended Home Affairs Director-General Mkuseli Apleni has filed urgent court papers with the Pretoria High Court seeking to have his suspension overturned.

Apleni was placed on precautionary suspension by Home Affairs Minister Hlengiwe Mkhize earlier this month but indicated he would seek relief from the courts to challenge her decision.

Apleni has asked for the matter to be heard on October 3 2017.

His suspension relates to the VVIP Fireblade terminal at OR Tambo International owned by the Oppenheimer family and his apparent failure to provide a detailed briefing to the minister‚ who wished to seek guidance from the president.

Attached to the court papers is correspondence between Apleni and the minister‚ where he indicates he was not aware of the request for a detailed memo.

He wants the court to declare that Minister Mkhize does not have the authority to suspend him‚ that his suspension be declared unconstitutional and invalid and be set aside.

“My precautionary suspension is invalid and unlawful because the minister acted outside her authority‚” Apleni says in court papers.

“The minister’s reasons for suspending me are irrational and the minister therefore does not have a justifiable reason to believe … that I had engaged in the serious misconduct as alleged.”

He adds that the process followed in suspending him was procedurally unfair and argues that the appointments and “other career incidents” of heads of departments in government should be dealt with by President Jacob Zuma in terms of the Public Service Act.

“Each of the grounds upon which I have been suspended simply does not stand up to scrutiny‚” Apleni submits.

“It is clear the minister did not apply her mind to the facts which were at her disposal when she took the decision to suspend me.”

Other charges levelled at Apleni include:

- Failure to provide effective leadership during negotiations with unions‚ which has led to the collapse of the talks between workers and government as employers;
- He “dismally failed to show diligence and urgency” in resolving several legal disputes between the department and third parties;
- Failure to prioritise filling critical posts in the ministry; and
- Failure to arrange regular meetings between the minister‚ senior officials and the director-general to keep the minister abreast of government’s political programmes.

In a letter responding to these allegations‚ which TimesLIVE has seen‚ Apleni deals with each allegation in detail – seemingly debunking each easily.