Dismissal unfair both substantively and procedurally
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Oudtshoorn. 2 November 2012. 15h45. Bitou’s newly appointed lawyer, Bradley Conradie, has been instructed to take the arbitration award on review.
This means Labour Court action.
Conradie provided Bitou with a legal opinion in this matter before being instructed to have the award reviewed.
Here is Conradie’s sales pitch:
Bradley has 13 years experience as a labour lawyer. He has a BA degree in Economics from the University of Cape Town, an LL.B degree from the University of the Western Cape and an LL.M degree in Labour Law from the University of Cape Town.
After completing his Masters degree, Bradley joined Cheadle Thompson & Haysom attorneys as a candidate attorney in 1997.
In 2003 Bradley joined the Employment Law Department of Edward Nathan Sonnenbergs where he later became a partner.
Bradley has acted as instructing attorney and personally argued major cases in South Africa and Namibia and has been involved in several local and international labour law publications.
In 2009 and 2010 Bradley was chosen by his peers for inclusion in the Best Lawyers® list of Solicitors for South Africa in the area of Labour and Employment Law.
Bradley acted as a Judge in the Labour Court in 2009 and 2010 and is a past National President of the South African Society for Labour Law (SASLAW).
Ngoqo’s attorney, Hardy Mills, warned against “frivolous and vexatious litigation” in a letter to Conradie.
Conradie resonded: “If your client is interested in resolving this matter amicably then our client is prepared to have discussions with your client about settling this matter, notwithstanding its right to review the award. Our client is only prepared to do so if your client vacates the municipal offices.”
A source in minister Bredell’s office said that the matter should be resolved in the best interests of the people of Bitou.
Oudtshoorn. 22 October 2012. 19h30. O!O has reported volumes on Lonwabo Ngoqo since late last year – click here.
After a lengthy disciplinary hearing last year, Supreme Court of Appeals Mr Justice P. C. Combrink, retired, found Ngoqo guilty and dismissed him.
Today, Salga Commissioner Coen de Kock, who, incidently, also chaired the original Noël Pietersen hearing, dismissed all charges against Ngoqo and ordered him reinstated.
I am discombobulated.
Not so much by reason of the merits or demerits of the case as by the fact that two respected legal minds can be so at odds over the selfsame evidence!
Ye gods and faeries!
Combrinck described Bitou’s finacial status under the Ngoqo / Lott administration as “parlous”… fraught with danger; perilous; precarious; touch-and-go; unsafe; not secure; beset with difficulties; and affording no ease or reassurance.
Yet the CEO of Bitou at that time is to be reistated – justifiably so, given a fair technical process… I just don’t know how we shall ever see transparent, clean, successful local government in our land. I just don’t see it.
Well done Hardy Mills – you won the day and this arbitration award will remain a bright and shining jewel in your legal crown, my friend.
I am discombobulated.
Mostly because I probably just don’t understand.
Bitou’s DA government will now have to explain this six figure “ligte mistykie” in the face of December 5…
It will take no lesser DA personage than Godzille herself to come explain this one.