Limpopo premier and his director-general face a contempt of court application

2019-05-03 18:14
Stan Mathabatha, premier of Limpopo. (Picture: Kenny Mathiva)

Stan Mathabatha, premier of Limpopo. (Picture: Kenny Mathiva)

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Limpopo premier Stan Mathabatha and his director general Nape Nchabeleng face an application in which they could be found guilty of being in contempt of court for failing to comply with an order.

The application was brought by the National Education Health and Allied Workers Union (Nehawu) and is set to be heard in the Labour Court in Johannesburg on May 10.

Provincial government acting spokesperson Kenny Mathivha confirmed the receipt of the notice of motion, after initially accusing Nehawu officials of faking documents and impersonation. When News24 provided evidence to Mathivha, he said: “We are waiting for the legal representatives to file the opposing motion.

“What happened is that we were not given enough time to respond to the [Nehawu notice of] motion. The legal representatives will do that tomorrow [Friday],” Mathivha said.

The notice of motion was delivered to Mathabatha and Nchabeleng by the deputy sheriff in Polokwane, Magaboka Kekana, on April 12. 

Unfair labour practice

The matter dates to 2017 when the General Public Sectoral Serivice Bargaining Council (GPSSBC) ruled that Mathabatha and Nchabeleng had committed an unfair labour practice.

This was after they failed to comply with an earlier ruling that it must pay accelerated pay progression to six civil servants employed in the office of the premier in Polokwane.

The GPSSBC ruling was later made an order of the court after Nehawu approached the Labour Court.

In the founding affidavit supporting the application, Nehawu national legal officer Malose Phoko stated that the union wrote two letters late in 2018 demanding that the respondents comply with the arbitration award and a court order. However, the letters were ignored.

“I submit that the respondents are aware of the court order making the arbitration award an order of the above honourable court. I submit that they became aware of the order as at the 13 March 2017,” Phoko stated.

Nehawu has been staging lunchtime pickets outside the office of the premier in Polokwane since the beginning of last month demanding, amongst others, that disciplinary action be taken against Nchabeleng over the matter.              

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