Mkhwebane 'vindicated' after axed COO fails to get her job back

Public protector Busisiwe Mkhwebane has welcomed the high court's dismissal of an urgent challenge by her sacked former COO Basani Baloyi.

Baloyi had argued that her firing was politically motivated and sought to be reinstated.

Mkhwebane’s office said in a statement on Thursday, “The fact that the court dismissed the application on jurisdiction means the judge – having read the papers and listened to oral arguments – was not convinced that there was any merit to claims of abuse of power and abuse of office.

“Had the court found there was merit to the claims, it would not have dismissed the matter,” it said.

Baloyi had hauled Mkhwebane and CEO Vussy Mahlangu to court. She wanted her dismissal overturned and for the court to bar Mahlangu from meddling in her duties. She had also sought an order declaring that Mkhwebane had violated her constitutional obligation by firing her. 

Mkhwebane’s office said judge Mmonoa Teffo ruled that the court did not have jurisdiction to hear the matter.

“What is in essence a labour dispute as envisaged in the Labour Relations Act should not be labelled a violation of the constitutional rights in the bill of rights, simply because the issues raised could also support a conclusion that the conduct of the employer constitutes a violation of a right entrenched in the constitution,” Teffo ruled.