The Gauteng Department of Infrastructure Development (DID) is facing a legal battle as its suspended Chief Financial Officer (CFO) has taken it to the Labour Court, alleging a “witch hunt” stemming from her refusal to approve what she claims were irregular tenders.

The case, which was initially struck off the urgent roll but will proceed in normal court, highlights allegations of maladministration, questionable spending, and a culture of impunity within the department.

Court papers reveal that the suspended CFO, Norah Lion argues her suspension is unlawful and a direct consequence of her resistance to sign off on contracts she deemed irregular.

“This application is an interdict to stop the respondents from proceeding with disciplinary hearing pending the outcome of the protective disclosure by the applicant,” Lion said in her affidavit, further asserting the court’s “exclusive jurisdiction to review any decision taken by the State in its capacity as an employer in terms of Section 158(1)(h) of the LRA.”

Lion’s affidavit details specific instances, arguing that “22 out of 104 (companies) were allowed to resubmit bid documents three months after the bids closed, this (is) non-compliance of SCM regulations.”

She claims that after raising issues of non-compliance, her responsibilities were taken away. She further alleges that her suspension, which occurred on August 4, 2024, followed her disagreement with the Bid Adjudication Committee on meeting dates, suggesting it was “due to (her) refusal to participate in an irregular bids”.

“The disciplinary process itself is contrary to the disciplinary policy for the department and is flawed and does not amount to due process being followed on this basis,” she said .

Sources within the department, as well as a union representative, indicate the Lion was suspended for eight months from March 2024 without being charged-she was only charged in November 2024.

“She was suspended for eight months without being charged… and now that she has been charged, the department is spending millions of rand on a wild goose chase,” a union source lamented, claiming the department has already spent close to R15 million on disciplinary proceedings, a figure expected to escalate with the Labour Court case.

Departmental Head Rufus Mmutlana, however, argues that Lion’s urgent application “did not comply with the requirement of rule 38 of the rules of the Labour Court,” adding, “the application does not comply with the rules of the court and no relevance should be placed on it.”

He further expressed concern about the financial burden on the department, stating, “litigation costs money. The department is now expected to fund the legal fees for this litigation”.

“It is my respectful submission that it is not fair to expect the department to fund this litigation.”

The letter of suspension from Mutlana, dated March 4, 2024, confirms the precautionary suspension “to enable the department to conduct an investigation into various allegations of misconduct against you”.

Lion’s suspension was reportedly lifted recently, only for her to be served with another suspension notice on the same day, pending the disciplinary process.

The Labour Court has reserved judgment on the matter.

mashudu.sadike@inl.co.za

Source link