INSTEAD of focusing on the plight of their members, Nehawu leaders at the Justice Department are accused of being part of a “syndicate” destroying the department and involving themselves in management squabbles.
In a letter seen by the Sunday Independent dated July 5, 2024, the Department’s Director-General Doctor Mashabane raised concerns with Nehawu General Secretary Zola Saphetha, about the “misbehaviour” by the shop stewards, Peter Masango and Tsundzuka Moyana.
Mashabane alleged in the letter that the two union leaders had, for a long time, been embroiled in management squabbles and differences – and were allegedly serving as the “mouthpiece“ of some senior managers.
“They are further part of a syndicate that has for long been destabilising the department and call themselves their advisers. There is a high possibility that you are not aware of their activities and association with forces outside the department that have long sought to prosecute activities not in line with the law.
“Their campaign has been ongoing in a sustained manner over some time. It commenced hardly before I had settled into the position of Director-General, through threats to the former Chief Master until he resigned from the department. This campaign is driven through different methods, which include deliberate leaking of classified internal discussion documents to the public and media.”
Mashabane further claimed that the union leaders had no regard for the processes set up by the employer for engagement with labour unions to formally engage on labour issues, but resorted to meddling in managerial matters that had nothing to do with their membership.
“Their campaign is to defame and character assassinate my person and I find this type of behaviour unacceptable and (it) cannot be condoned. They have again gone ahead to write an anonymous letter containing unfounded, baseless, defamatory, hurtful allegations and falsehoods,” he said.
Mashabane said that the letter’s content was the same as the one they had allegedly circulated in 2022. “Under the prevailing circumstances and the behaviour of the two officials who were also branch office bearers, the employer had run out of options but to invoke the disciplinary code of the public service and the department.
“Your office will be kept abreast and updated on processes unfolding in this regard since the continued uninterrupted behaviour of the two officials can only bring further damage to the integrity of the institution and bring the whole department into disrepute.”
The letter to the Nehawu national leaders came as a response to Masango’s letter to the ministry demanding that Mashabane withdraw the suspension letter issued to the Deputy Director-General (DDG) Conny Mametja, who was reportedly suspended on June 27.
Masango demanded this be implemented by no later than July 5 before the close of business, however, this appears not to have materialised as Mamejta was still on suspension by the time of this publication.
In his argument supporting his demand for the withdrawal of the suspension, Masango asserted that the DDGs were appointed by Cabinet and the suspension flouted labour relations processes and procedures.
“The suspension was not done in line with the consultation since the country was still waiting for the appointment of the Cabinet. The rationale for suspending the Deputy Director-General whilst awaiting the appointment of cabinet ministers is ultra vires as he does not have such authority.
“Failure to do so will leave us with no further option but to escalate this matter to the President for his immediate intervention since the timing of the suspension will cause serious instability within the DOJ&CD resulting in prejudice and such conduct is at variance with the legal prescripts, argued Sapetha in his letter,” Masango wrote.
According to reports, Mametja was suspended after being charged by her boss for insubordination and plotting against Mashabane.
Approached for comment, Moyana stated that he was on suspension and therefore could not speak to the media. Masango did not reply to the paper by the time of publication.
Saphetha did not respond to our request for a comment on the allegations against his union.
Mashabane confirmed that there were labour issues and that he believed that the matter was being handled by the relevant union leaders and the department.
In a statement issued by Nehawu following media reports about alleged abuse of power by Mashabane, the union said that it would undertake internal consultation with its members in the department on the impact of the allegations on their conditions of service and day-to-day work, and get a mandate on the way forward.