- To
-
Higher Education
- From
-
Eric Mnyamezeli Shabalala
- Subject
- FAILURE BY THE DEPARTMENT OF HIGHER EDUCATION AND TRAINING TO COMPLY WITH THE CERTIFIED ARBITRATION AWARD IN TERMS OF SECTION 143 OF THE LRA.
- Date
- June 2, 2025, 5:20 a.m.
Dear Portfolio Committee on Higher Education,
I am writing to bring to the comitee's attention a matter of grave concern regarding the Department of Higher Education and Training's handling of my unfair dismissal case. Despite a lawfully obtained arbitration award instructing my retrospective reinstatement, the department has consistently failed to comply, and the state attorney's conduct is questionable.
In 2016 I was unfairly dismissed from my position at Ekurhuleni East TVET College.,and after a lengthy legal battle, the Bargaining Council and the Labour Court has ruled on my favor. However, the department with the help of the state attorney, has repeatedly attempted to delay and obstruct the implementation of the court order. The state attorney has been busy providing invalid case numbers to me, and made multiple applications for stays of execution, and engaged in other dilatory tactics.
I have tried to report these irregularities to the Legal Practice Council (LPC) without success.
I am concerned that the state attorney's actions may be indicative of larger problem within the department or the state attorney's office.
I respectfully request that the Portfolio Committee investigate the department's handling of my case and the state attorney's conduct. I believe that oversight and accountability are essential in ensuring that government department's are respecting the rule of law, and protects the rights of citizens.
Relevant documents are attached in an email following this message. I would be grateful to appear before the committee to provide further testimony.
Future replies will be published here.