The Minister of Higher Education, Science and Innovation, Dr Blade Nzimande welcomes the decision by the General Public Service Sectoral Bargaining Council (GPSSBC) to dismiss the application by former Director General of the Department of Higher Education and Training, Mr Gwebinkundla Qonde on his spurious claims that he was unfairly treated. This comes on the back of a similar claim having been dismissed by the Labour Court earlier this year.

The former Director General wanted the GPSSBC to determine whether he was subjected to an unfair labour practice relating to demotion.

The application was heard by the GPSSBC Commissioner Mr PM Ngako on the 2nd December 2022.

The Commissioner Ngako concluded that the GPSSBC cannot adjudicate over the applicant’s dispute because Commission found that the applicant failed to comply with the grievance procedure set out in Chapter 10 of the SMS handbook clause 1.2 and 6(a) when he failed to use the Grievance Form at Annexure A to lodge his grievance. “As result Council does not have jurisdiction to adjudicate over his dispute.”

“As result the applicant failed to comply with the grievance procedure set out in Chapter 10 of the SMS handbook, conditions that are peremptory, he failed to refer his grievance in a prescribed form. In terms of the SMS handbook the applicant failed to lodge a grievance before referring a dispute to the Council. The two letters of complaint that he wrote to the President was not in compliance of the grievance procedure as set out in the SMS Handbook and the Public Service Act. As result I find the applicant has failed to exhaust internal grievance proceedings before referring his unfair labour practice dispute to Council and as result Council does not have jurisdiction to adjudicate over the applicant’s dispute,” said the Commission.

Minister Nzimande feels vindicated by the outcome of the General Public Service Sectoral Bargaining Council’s decision.

“This decision re-firms that the Public Service Act and the SMS handbook, are the basic legal prescripts governing senior public servants’ employment in the public service,” said Minister Nzimande.

Minister Nzimande further said that it is disheartening that Mr Qonde, having been a Director-General of the Department of Higher Education, failed to comprehend these basic prescripts which he was supposed to be its custodian.

“It is clear that Qonde was looking for something to tarnish the Minister’s reputation for political reasons,” said Minister Nzimande.

Minister Nzimande further said that all those gullible media houses and other detractors who climbed on the bandwagon to try and discredit the Minister will take note of these outcomes and developments.

Source: Government of South Africa