The Eastern Cape education department has denied claims by its suspended communications director Vuyiseka Mboxela that her suspension has been lifted — confirming that it had, in fact, been extended.
Mboxela was suspended in August over bullying allegations.
On Monday, she took to social media sharing a statement with the department’s letterhead claiming her suspension was lifted and she was back at work.
However, the department on Tuesday rejected her claims.
“Mboxela was seen around the premises of the employer contravening the conditions of her suspension,” provincial education spokesperson Malibongwe Mtima said.
“The department will exercise its powers to decisively deal with the insolent behaviour demonstrated by Mboxela.
“Disciplinary processes were instituted against Mboxela as a result of complaints received by the executive authority relating to the treatment of officials reporting to the communications director.”
An investigation was instituted as part of the ongoing disciplinary process.
“Mboxela’s defiance to the decision taken is in direct violation of the conditions of her suspension,” Mtima said.
“As a department, we view the defiance of Ms Mboxela as a serious contravention of the legislation guiding disciplinary processes.
“Mboxela has repeatedly defamed the head of department on various media platforms and brought the department into disrepute by providing the public with inaccurate information on an internal departmental process.”
Mtima said Mboxela’s statement demonstrated a total disregard for government policies and prescripts regulating the conduct of public servants.
The department is obliged to adhere to the legislative prescripts of the government.
“It is the prerogative of the executive authority and administrative head to uphold these laws at all times,” he said.
“As an SMS [senior management service] member and a previous media liaison officer, Mboxela is fully aware of the code of conduct for SMS members and the recent events are in direct contravention of this code of conduct.
“The department condemns this lawlessness and will be obliged to act accordingly to protect the integrity and reputation of the executive authority and the department.”
At the first sitting of the disciplinary hearing on October 24, the department applied to the presiding officer for an extension of the suspension period.
Later that day, the presiding officer delivered a ruling that the suspension would be extended to November 26.
Mboxela was advised in writing of this decision.
“In the interest of fair administrative justice and protecting employer-employee relationship, the department is not at liberty to discuss the details of the matter further,” Mtima said.
“The department wishes to categorically state that Mboxela is still on suspension pending investigation and conclusion of her case by the department.”
Mboxela was tight-lipped on the department’s stance.
But she indicated that she would break her silence soon.
“I am going to respond to this tomorrow [Wednesday] before 10 o’clock,” she said.
In her statement, Mboxela claimed she would be available from Tuesday “to continue with communication work”.
She described her suspension, which was communicated to her on August 25, as “unofficial”.
She said she was not given a chance to give her side of the story.
“It is against this background that today, after 60 days, I do not have any grievance presented to me,” Mboxela said.
“The Public Services Act and the SMS Handbook dictate what must be followed by departments instituting a DC [disciplinary committee].
“Thus far, after the 60-day period, I have only been sent a one-line email from the law firm that has been appointed by the department telling me that precautionary suspension has been extended until November 26.
“As a law-abiding citizen of this provincial government, I have outrightly rejected that as I know for a fact such instruction is against the law, and I do not want to be listed among senior managers that are seated at home while getting paid huge salaries by the government.”
A copy of Mboxela’s suspension notice states that she is accused of having acted in an improper and disrespectful manner by refusing to accept an intern assigned to her office from the department’s special programmes unit.
It is further alleged that she used rude and insolent language, which caused the intern “significant emotional distress, resulting in her collapsing or fainting”.
“She was subsequently transported to hospital for medical attention,” the letter says.
“You have abused your position of authority in relation to employees within your directorate, through conduct that may be interpreted as intimidation or misuse of managerial power.”
She is further accused of having demonstrated favouritism and possible nepotism in the processing and approval of work-related claims submitted by staff members reporting to her.
She denied the allegations.
Daily Dispatch
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