Former Evaluation and Privatization Agency (PEEPA) CEO Obakeng Moumakwa has launched an appeal against the Industrial Court’s decision made in his favour.
The Court had found that it was wrong for then Minister of Presidential Affairs Nonofho Molefhi to terminate Moumakwa’s employment.
In his ruling Justice Goemekgabo Tebogo-Maruping said Moumakwa was entitled to some compensation, not damages, based on the finding by the Court that the termination of his employment was both substantively unfair and unlawful and was also procedurally unfair.
The Judge however said Moumakwa’s pray for compensation equivalent to the balance of a 5 year contract sounds more like a claim for damages which, he said, the Industrial Court being a specialized Court and established by statute, is not empowered to grant.
In conclusion the Industrial Court determined that a fair and appropriate award of compensation for the former CEO would be the equivalent of his salary for three months. His monthly salary at the date of dismissal was P51, 005.00, resulting in a compensation order in the amount of P153, 015.00 (P51, 005.00 x 3).
Unsatisfied with the order, Moumakwa has now escalated the matter to the Court of Appeal (CoA).
Moumakwa argues that having properly found that the termination of his employment was both substantively and procedurally unfair and unlawful the Industrial Court proceeded to misdirect itself and err in fact and in law by not ordering a reinstatement when none of the evidence led warranted the non-imposition of his reinstatement.
He says the Court also erred in finding that his relationship with PEEPA was no longer tenable, owing to a presumably irretrievable damage to trust, when there was no evidence on the basis of which the Court could reasonably reach such conclusion.
“The Court a quo erred in fact and in law, as well as misdirected itself, in its consideration of the relevant and irrelevant factors attendant in a determination of the question whether to order a reinstatement.”
Moumakwa also argues the Industrial Court misdirected itself in calculating the compensation on the basis of an inaccurate monthly salary amount, calling the amount patently unreasonable.
“The Court a quo also misdirected itself and erred both in fact and in law by unduly fettering its discretion, based on, firstly, an apparent misconstruction, and secondly, rigid application, of the non-binding sentiments of this appellate Court expressed in connection with the issue of the quantum of compensation that the Industrial Court may lawfully make. In other words, the Court a quo erred in considering itself limited, in the absence of a demonstration of exceptional circumstances, to an award of compensation falling within the equivalent of 1 to 6 months basic salary range.”
Consequently, Moumakwa wants the CoA to order for his reinstatement as PEEPA CEO or, alternatively, an order of “appropriate” compensation the measure of which compensation shall be equivalent to an amount not less than six months of the basic monthly salary previously earned.
