Agriculture, Forestry and Fisheries Minister Senzeni Zokwana has noted a High Court ruling to set aside the precautionary suspension of the department’s Director-General Michael Mlengana with immediate effect.
Mlengana resumed his duties on Monday after being placed on precautionary suspension by Minister Zokwana on 09 July 2017, pending investigations into allegations of gross misconduct.
The Director-General was on 25 July 2017 served with a provisional charge sheet and informed that a Departmental Disciplinary Enquiry would be held to no avail.
He approached the High Court again in November 2017 and the matter was struck off the urgent court roll for lack of urgency.
On 20 April 2018, the High Court in Pretoria finalised the matter and declared that Minister Zokwana lacked the authority to suspend Mlengana and that his suspension was unlawful, invalid and of no force and effect.
The court also declared that precautionary suspension of Mlengana be set aside with immediate effect, and the Minister is to allow him to resume his duties with immediate effect.
The Minister was further called upon to show cause on affidavit on or before 15 May 2018, as to why he should not be joined in his personal capacity, and not pay the costs of the application from his own pocket.
The department said that Minister Zokwana is currently studying the judgement and is in consultation with Public Service and Administration Minister, and the President will determine what is in the best interest of the department.
“The Minister is entitled if he so wishes to appeal the judgement. That decision can only be made in a few days’ time,” the department said. – SAnews.gov.za
