Pretoria – A witness told the Parliament’s committee of inquiry into suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office that she wanted to fire a former spokesperson for calling her by name, saying she had disrespected her.
Gumbi Tyelela, who gave his testimony on Wednesday, is the head of corporate services in the public protector’s office.
Evidence leader Nazreen Bawa said they called Tyelela to address accusations of employees being harassed, intimidated, or whether Mkhwebane played any role in interfering in HR issues.
Tyelela went into detail about the events which unfolded when Mkhwebane dismissed Cleo Mosana, a former spokesperson in the Public Protector’s office at the time.
Reading his affidavit, Tyelela said Mosana’s last working day was 30 April 2019. She left after she was given 24-hour notice.
“It was a Monday morning when I was called to the public protector’s boardroom. Present were both Ms Mosana and the then Chief of Staff Linda Molelekoa. The public protector came in, she was upset and indicated that she no longer wanted to work with Ms Mosana as she did not want to be doing her work and that Ms Mosana was disrespecting her by calling her by her first name Busisiwe.“
Tyelela said Mkhwebane said Mosana must go home and serve her notice from home, she did not provide any further details in relation to Mosana's work that led to her abrupt decision.
“I intervened and requested that Ms Mosana leave the room... I informed the Public Protector that what she had done was dismiss Ms Mosana without any process and that she could not do so.”
Tyelela said he asked Mkhwebane to let him deal with the matter going forward.
He added that he later met with Mosana and other members and they explained to her that Mkhwebane did not want to work with her anymore and they advised her on available options.
She was told that she could be transferred to another department or take a payout.
“Given that her contract was at its infancy, there was no benefit to the PPSA to pay out her remaining contract. In any event the acting CEO, Ms Motsitsi, indicated that she was not willing to sign off on such a large payout.”
The viable option was to transfer Mosana, but she refused.
“She wanted to remain in the private office. She wanted a meeting with Mkhwebane to find out what she had done, but we cautioned her against this as Mkhwebane had clearly indicated that she no longer wanted to work with her.”
After she was offered a transfer, Tyelela says Mosana made it clear that she did not want to be transferred.
Mosana resigned and went to court for constructive dismissal, the matter is still pending.
She also approached the Commission for Conciliation, Mediation and Arbitration (CCMA) and they ruled in her favour and ordered the Public Protector’s office to pay her R529 536.56.
Mkhwebane is seeking to review the CCMA ruling in relation to Mosana.
The hearing continues.
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