President Jacob Zuma has asked the minister of public service and administration to intervene in the war between minister of communications, General Siphiwe Nyanda and ousted Director General (DG) Mamodupi Mohlala, creating room for an out of court settlement and for Nyanda to respond to Mohlala’s allegations.

The labour court on Friday postponed Mohlala’s court action against Nyanda to Thursday August 26.  No opposition had been filed by Nyanda and Zuma. The former general is listed as the first respondent, while Zuma and acting director general Harold Wesso are second and third respondents, respectively.

“The Second Respondent (President Zuma) confirms having referred the matter to the minister of public service and administration for his intervention,” according to a letter sent by the office of State Attorney to Mohlala’s lawyers.

“The minister of communications is currently abroad and will be back in the country on August 13 2010. It will be undesirable to discuss the matter with an acting minister of communications as he will not have all the necessary information pertaining to their case. The Second Respondent therefore requests that the matter be held in abeyance until August 20 2010.”

Mohlala confirmed that her lawyer had received the letter and that she would be seeking a meeting with minister of public service and administration, Richard Baloyi.  Although the nature of Baloyi’s intervention remains unclear, Mohlala has previously stated that she is ready to be redeployed to another department. She has stated that if there was any breakdown between her and the minister, it was not due to her conduct.

“The parties agreement was that the matter be postponed because we received communication late yesterday [Thursday] from the president delegating the minister of public service and administration to look into the matter.”

Mohlala, who is contesting her dismissal as DG of Communications by Nyanda, wants to be reinstated in her position. She argues the retired general has no authority to terminate her employment, that such power rests with the president acting in cabinet and no such decision had been taken by the president in cabinet.

However, Nyanda’s spokesman Tiyani Rikhotso believes the correct procedure and law were followed in the letter by the minister and that Mohlala’s willingness to be redeployed to another department showed there was a breakdown between Mohlala and Nyanda.

“We continue to believe the minister was well within his rights to take the decision that he has taken. The minister understands very well the distinction between the executive authority and the administration,” Rikhotso said.

Rikhotso added that if the books of the communications department were found wanting, Nyanda would be the person who would have to answer to parliament.

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