THE Mpumalanga Department of Education is once again mired in controversy, with the head of department fired for suspected involvement in falsely inflating the 1998 matric results being awarded a R2,6-million settlement by the high court.
Former head of department Faith Sithole earlier this year launched an urgent application to have her dismissal declared unlawful. According to her affidavit, her axing was unconstitutional, and contravened the conditions of service laid out in the Labour Relations Act.
Mpumalanga MEC for Education Craig Padayachee expressed shock and disbelief at the outcome of the legal tussle, but said, ”I am legally bound to honour this decision.” Padayachee is adamant that ”I took the decision that further suspension [of Sithole] would delay and delay [until there was an outcome], and education would suffer. All stakeholders in education had given her a vote of no-confidence, and I took the decision to exit her out of the system to stabilise the department.”
Padayachee further insists that ”I’ve never given a mandate to the state attorney [to offer a settlement].” Furthermore, the state attorney, who apparently made Sithole the offer on ”verbal instructions” from Padayachee’s legal adviser, was later sent a letter by the MEC expressly ”giving him a clear, written, formal mandate to withdraw any amounts put on the table”. Padayachee was of the view that Sithole could tackle the legality of her dismissal in court, if she wished.
However, these instructions from Padayachee to the state attorney were disregarded, and Sithole was offered an amount of R2 658 993 in settlement which she accepted.
Following the education department’s alleged ”reluctance” to pay the amount, the Pretoria High Court intervened, and ordered Padayachee to pay the amount.
Padayachee says that the outcome is evidence of ”some blunder” on the part of the government’s handling of the matter. ”We are not going to leave it lying down. Someone has to account for commiting this amount [to Sithole] from the department.”
Two other education officials – Kate Mokoene and Gogo Ndlovana – were yesterday found guilty of being involved in inflating the marks. Four other officials have also been arrested and charged with 300 counts of fraud. They are currently out on bail.
The police investigation into the 1998 matric exam fraud is continuing, and further arrests are expected soon.
— The Teacher/Mail & Guardian, March 31, 2000.
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