Interdict halts education official's disciplinary hearing

A DISCIPLINARY hearing against suspended Eastern Cape education boss Mthunywa Ngonzo was effectively halted yesterday after Bhisho High Court judge David van Zyl granted an urgent interdict.

Van Zyl would not give reasons, saying he would be able to do so in the coming days. He said he granted the interdict pending the review application to be made by lawyers representing Ngonzo.

The cost of the application would also be determined once the review application had been finalised.

The disciplinary hearing for the suspended education boss was due to take place today.

Ngonzo faces an array of charges including financial mismanagement and misconduct and handling of a R46-million school furniture tender.

Ngonzo's team, led by Vuyani Majebe and Viwe Notshe, argued in court that premier Phumulo Masualle was Ngonzo's employer, not Education MEC Mandla Makupula.

They battled it out with the defence team led by David Maimane and JG van der Riet, who argued Makupula was Ngonzo's legitimate employer.

Van der Riet argued that Makupula had a right to discipline Ngonzo.

The state also argued any attempt to interdict the disciplinary hearings would incur the state further costs as it was paying salaries for Ngonzo and acting department head Ray Tywakadi.

Notshe responded by saying interdicting the process would save taxpayers money because the matter would be taken for review later after the ruling had been made anyway.

He said his client should instead be applauded for taking the matter to court to stop the process and get the premier involved in the process.

Majebe said the team felt vindicated about the outcome of the case.

He said Ngonzo was not avoiding the hearing, but correct procedures should be followed.

Majebe said the MEC was advised before the matter went to court that the premier should intervene and mediate in the process as the employer.

Maimane declined to comment and referred questions to the Education Department.

Eastern Cape education spokesman Loyiso Pulumani also declined to comment.

Makupula said he had not been briefed about the outcome of the case.

"I am in Willowvale doing departmental work. I cannot comment at the moment." - Msindisi Fengu