… as court blocks the IEC from disciplining him
Mohalenyane Phakela
THE Independent Electoral Commission (IEC)’s public relations manager, Tuoe Hantši, has successfully petitioned the Labour Court to temporarily interdict his boss, the IEC’s Director of Elections, Mpaiphele Maqutu, from proceeding with the disciplinary hearing against him.
The Labour Court Deputy President, Makoanyane Keta, yesterday barred Advocate Maqutu from proceeding to discipline Mr Hantši pending the finalisation of the latter’s application to allow him to have legal representation at the disciplinary hearing. The interdict lapses on 6 July 2023 when the two parties are expected to reappear before the same court to proceed with the main matter.
Advocate Maqutu had on 20 June 2023 charged Mr Hantši with insubordination over the latter’s refusal to go to the former’s office when he had called him for a meeting on 29 May 2023. Mr Hantši had declined to honour Adv Maqutu’s instruction on the grounds that he could not be called to a meeting alongside a subordinate he accused Adv Maqutu of favouring.
Adv Maqutu had written Mr Hantši a show cause letter on the same day the alleged misconduct occurred.
However, Mr Hantši reiterated in his response later the same day that Adv Maqutu could not hold meetings with him in the presence of junior staff.
Mr Hantši was subsequently charged with contravening the Public Service Codes of Good Practice 2008 on 8 June 2023. He then ran to court but his case was dismissed by the Labour Court on 16 June 2023 on the grounds that Mr Hantši should argue his case before the disciplinary hearing. He had argued that the Labour Code of Good Practice could not be used to discipline him.
The IEC has subsequently amended the charge and premised it on the common law. Mr Hantši, was then slapped with a fresh charge of gross insubordination on 20 June 2023 based on the common law. He asked to be allowed to bring a lawyer since he was dealing with Adv Maqutu who is a law graduate. His request was declined.
Mr Hantši then ran back to court again yesterday to seek an order that the IEC allow him to bring a lawyer to the hearing. The disciplinary proceedings had been slated for yesterday but had to be postponed in light of the court order.
He argues in his latest application that he was entitled to fair disciplinary proceedings. This could only happen if he was allowed to bring his lawyer into the proceedings.
“The wording of the of the notification of the disciplinary charge has expressly warned the applicant that on account of the charge of gross insubordination, he may be dismissed. The gravity of the allegations levelled against the applicant show that there is a need or right to legal representation. He stands to suffer prejudice if he is not allowed an opportunity of legal representation.
“The complainant (Adv Maqutu) holds legal training. The applicant (Hantši) on the other hand is a lay person. It will befit fairness if he is made to face a person of such a calibre on his own,” Mr Hantši’s lawyer, one T. Kalake, argues in his court application.
Mr Hantši and Adv Maqutu have been enmeshed in what looks like a major dispute between colleagues. Mr Hantši has accused the IEC boss of undermining him by working with his junior, who is a temporary employee, and not consulting him on key issues.
