Mohalenyane Phakela
SUSPENDED Lesotho Communications Authority (LCA) CEO, ‘Mamarame Matela, will know on 12 November 2021 if her Court of Appeal application to compel the Labour Appeal Court to hear appeal against her suspension succeeds.
This after her appeal was heard to finality on Tuesday by the apex court bench comprising of Justices Petrus Damaseb (presiding), Johann Van Der Westhuizen and Moses Chinhengo who reserved judgement to 12 November 2021.
Ms Matela was suspended in June 2021 by then Communications, Science and Technology Minister Keketso Sello. She was suspended for alleged corruption in the awarding of a M500 million tender to South African company, Global Voices Group (GVG) to supply the LCA with a Compliance Monitoring and Revenue Assurance system.
She approached the Court of Appeal after Judge Polo Banyane declined to her appeal against her suspension on 7 July 2021.
Justice Banyane ruled that the Labour Appeal Court lacked the jurisdiction to entertain the matter as it was not a court of first instance in labour disputes.
Ms Matela was represented in the apex court on Tuesday by Advocate Christopher Lephuthing who argued that Justice Banyane had erred in declining to hear her appeal.
Adv Lephuthing argued that Section 38A of the Labour Code empowered the Labour Appeal Court to hear cases challenging suspensions from work.
“The (suspension) decision cannot be divorced from section 38A of the Labour Code which allows the court to review suspensions,” Adv Lephuthing argued.
“Therefore, the Labour Appeal Court can hear this review application. Her Ladyship (Banyane) was wrong to have declined jurisdiction.
“In her judgement, she concedes that the minister exercised public power. However, she does not tell us why she deviated from 38A. Her reasoning is confusing as to what should happen to this case after she declined jurisdiction.”
The LCA, the LCA Board, the Minister of Communications, the Directorate of Corruption and Economic Offences, Global Voices Group SA, Police Commissioner Holomo Molibeli, Prime Minister Moeketsi Majoro and Attorney General Rapelang Motsieloa are the respondents in the matter.
They are represented by Attorneys Qhalehang Letsika and Kuili Ndebele.
Mr Letsika argued that Justice Banyane was correct to have declined jurisdiction and the matter should have been filed in the Labour Court.
“The appropriate forum is the Labour Court because the minister was exercising powers of an employer. It is sufficient to say the Labour Appeal Court was correct to say it does not have jurisdiction. As to what the applicant does from there, it is her own business,” Mr Letsika argued.
Mr Ndebele also argued that Ms Matela had failed to demonstrate any special circumstances which warranted the Labour Appeal Court to hear the matter as court of first instance.
“The Labour Appeal Court can only exercise powers as a court of first instance under section 38A of the Labour Code. A good cause must be shown by the applicant as to why the court should assume such jurisdiction. However, there is no application in terms of 38A by the applicant to show the cause and therefore the Labour Appeal Court could not exercise jurisdiction as a court of first instance,” Mr Ndebele argued.
After hearing both sides’ arguments, Justice Damaseb reserved judgement to 12 November 2021. On that day, the apex court will also deliver judgements in all other cases before it.
Ms Matela was suspended to pave way for the establishment of a tribunal to impeach her.
The tribunal was supposed to start work on 20 August 2021 but this did not happen after she obtained an interim order in the Labour Court. Last week, the same court dismissed her application for a final order to stop the tribunal pending the finalisation of her appeal in the apex court. It remains to be seen whether the tribunal will now sit or wait for the outcome of Ms Matela’s apex court appeal on 12 November 2021.
