A legal storm is brewing between KwaZulu-Natal Premier Thamsanqa Ntuli and former director-general, Dr Nonhlanhla Mkhize, over her reinstatement after her resignation.

Mkhize resigned with immediate effect earlier this month; however, five days later, she retracted her resignation, arguing that she was under duress because of the incident of alleged intimidation by a youth director in the Office of the Premier, whom she claimed had threatened her.

However, Ntuli argued that since he had already accepted the resignation, in terms of the Public Service Act, she cannot retract the letter and could only reapply when the position is advertised.

Mkhize disagrees with this interpretation, and her lawyers have sent the premier a letter of demand.

In the letter that was seen by Independent Media and confirmed by the Premier’s Office, Mkhize’s attorneys demand that the premier respond to the retraction letter from their client.

“Our instructions are to request the acknowledgement of the receipt of our client’s retraction letter of resignation and also respond within seven days,” read the letter.

In the letter of retraction, Dr Mkhize cited the incident between her and the youth director as a reason for her resignation. She said the letter was sent after being traumatised by the event that took place, which she described as insolent and unlawful conduct by the youth director.

“I was left severely traumatised by the incident. The matter has been taken under consideration, and I have since the incident received professional psychological counselling. Having filed a criminal case and recorded the incident for the honourable Premier’s consideration, I am now feeling more confident of my safety; therefore, wish to retract the resignation letter and continue with dedicated years of service to the public. I request the honourable Premier to accept the withdrawal of the resignation,” read the letter.

The premier’s spokesperson, Bongani Gina, said the letter from Dr Mkhize’s attorneys is under review.

According to legal expert Advocate Bo Dlamini, the premier has no legal standing in the matter, and Dr Mkhize was legally entitled to rescind her resignation letter because she filed it in response to purported threats of violence.

“Now that it looks like there was a threat to her life when she submitted the letter of resignation, the employer is bound to accept the retraction since she resigned under duress. If the matter goes to court, chances are that she will win,” said Advocate Dlamini. 

In a statement, Ntuli announced that his office is investigating the matter even though Youth Director Melusi Ndima has resigned.

He dismissed the insinuation that he did nothing to act against the allegations, which were described as having elements of gender-based violence, saying the investigation was instituted immediately after it was reported to him.

willem.phungula@inl.co.za

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