Judgment reserved in Apleni legal bid for re-instatement

Suspended home affairs director-general Mkuseli Apleni has argued that according to the Public Service Act‚ only the president has the power to suspend or dismiss him.

His lawyer‚ William Mokhari‚ told the Pretoria high court on Tuesday that the senior management service booklet made it clear that the source of power in the appointment of heads of departments was the Public Service Act.

He said only the president‚ as the executive authority‚ had the power to suspend Apleni‚ arguing that his suspension by former home affairs minister Hlengiwe Mkhize was unlawful‚ and should be set aside.

At the crux of Mokhari’s argument is the fact that the Public Service Act stipulates that the minister can suspend or dismiss a head of department only if the president has delegated the powers.

“The president‚ as the executive authority‚ may delegate his powers (to suspend the DG) to the deputy president or the minister‚” he said.

Mokhari said President Jacob Zuma had not delegated such powers‚ and the minister could not assume such powers without a delegation by the president.

He said the last time there was such delegation was during former president Thabo Mbeki’s tenure.

Apleni approached the court last month‚ after he was placed on precautionary suspension on September 18.

He argued that his matter was urgent‚ as he believed Mkhize would try to settle multimillion-rand disputes in his absence‚ including a claim from Atlantic Corporate Travel – the company that her son‚ Sizwe Mkhize‚ works for.

Judge Hans Fabricius reserved judgment in the matter.

Mkhize has since replaced Blade Nzimande as higher education minister‚ in Zuma’s 11th cabinet reshuffle on Tuesday.

Her portfolio was assumed by former communications minister Ayanda Dlodlo.