2019 election dismissals still haunt gov’t
Mpho Mokwape | Monday July 11, 2022 06:00
During the election, the Gantsi North constituency was one of the places that were marred with controversy regarding the handling of the ballot boxes and possible voting fraud.
This resulted in many people that worked for the District Commissioner’s office being dismissed for whistleblowing about an alleged election fraud including the current victim, Segomotso Mhaladi. Mhaladi was employed as a driver at the District Commissioner’s office and was fired on June 3, 2021 for allegedly disclosing confidential information about elections.
In her court documents where she is challenging the lawfulness of her dismissal from the public service and seeking a reinstatement, explaining that she was fired for disclosing that a returning officer was keeping ballot boxes at his office. “On October 30, 2019, I deposed to an affidavit, stating that I was assigned as a driver to assist officers during the general election on the October 23, 2019.
The District Commissioner, Mooketsi Lesetedi instructed me to bring charts, two transparent boxes and a blue box used for voting into the District Commissioner’s office at the Ghanzi Rural Administration Center,” Mhaladi said.
Furthermore on October 24, 2019, Mhaladi pointed out that she informed the parliamentary candidate for Ghanzi North Constituency, Noah Salakae about the ballot boxes Lesetedi was keeping in his office. She said to her surprise on June 1, 2020, she was charged with contravention of Section 27 (3) (i) of the Public Service Act (PSA), which bars public servants from willfully disclosing confidential information where such disclosure has not been authorised by the government or pursuant to any law or court or is likely to be detrimental to the interests of the employer.
Mhaladi explained that the charge letter also invited her to respond to the charges in writing and pursuant to the invitation she replied by letter dated June 11, 2020 demanding further particulars of the charge. “The author of the disciplinary charges elected to remain mum about the request for further and better particulars despite acknowledging receipt of the said letter.
A disciplinary hearing was convened o June 18 where I was required to answer to charges leveled against me and upon conclusion of the hearing, the chairperson of the disciplinary hearing recommended dismissal,” she said. She also submitted that on January 12, 2021, the permanent secretary in the Ministry of Presidential Affairs communicated her intention to dismiss her and requested to make representations to that effect, which she made through her trade union but was consequently dismissed on June 3, 2021.
Now, Mhaladi whose case is scheduled for hearing next week Wednesday before the High Court, says the decision to terminate her employment was irrational because there was no prior permission required by a citizen to report any mishandling of electoral material or suspected corrupt practice relating to electoral material. She argued that she has not committed any offence and having regard to her unblemished disciplinary record, the remedy of reinstatement with backdated payment would be just and equitable. “I am ready and willing to return to the public service and continue abiding with all laws and regulations that govern employment in the public service,” noted Mhaladi.
According to the case, Mhaladi worked as a driver at the district commissioner’s office in Gantsi. It was alleged that on October 24, 2019 she went to Salakae’s place and told him that a certain Lesetedi who was working as a district commissioner and served as a returning officer for Ghanzi North constituency for the period of elections kept some elections ballot boxes in his office and that she suspected that he did so for the purpose of rigging the votes.
However, in what seemed like an honest deed for Mhaladi, and maybe expecting a pat on the back, she was charged and found guilty of serious misconduct and dismissed from work. Charles Batsalelwang from Collins Chilisa Consultants represents Mhaladi and Attorney General represents the Director of Public Service Management and others.