Mineral Resources Minister Mosebenzi Zwane is facing a rebellion from officials within his department, amid allegations that a far-reaching redeployment of regional managers is politically motivated.
Zwane, who was appointed to the post in 2015 and has been implicated in allegations of state capture, has yet to answer to allegations that he gave the controversial Gupta family preferential treatment in mining licences.
He appears to be under fire internally and externally, with players in the sector boycotting his address at the Mining Indaba earlier this year and calling for him to be replaced.
He is now in the middle of a legal battle with the mining sector over his new mining charter promulgated — according to industry players — in the absence of adequate consultation.
The same allegations have been levelled against him by his own regional managers in the department who have approached the labour court to set aside a decision by the minister and his director general Advocate, Thabo Mokoena, to shift them to other posts in the country, allegedly to ensure that mining rights were dispersed to politically connected individuals.
The regional managers — whose responsibilities include considering applications for prospecting and mining rights in the provinces — allege that the reshuffle was done without consultation or a clear public interest justification, as required by law.
While an interim interdict was granted to the regional managers by the Labour Court in April, blocking the far-reaching reshuffle, meant to take effect in April — which shifts six of the eight regional managers to different posts around the country — is still pending because one of the applicants, Limpopo regional manager Aaron Kharivhe, was attacked and severely injured.
The attack, insiders allege, was motivated by his resistance to the reshuffle.
Sources in various unions and in the department allege that there is an "atmosphere of fear and intimidation" in the department of Mineral Resources.
An insider with intimate knowledge of the case has alleged that another regional manager, Aubrey Tshivhandekano, who was also an applicant in the matter was placed on precautionary suspension over allegations of "frequent absenteeism". The suspension was lifted three days later after he provided details of his whereabouts on dates — including weekends — highlighted as when he was allegedly "absent from work". Claims are that he was then again suspended for accessing the department's operating system, Samrad — another allegation described as spurious.
The department did not respond to questions by the Business Day submitted last Wednesday.
In an affidavit submitted to the labour court on the broader review of the decision to re-assign the regional managers, Tshivhandekano alleges that attempts to engage with the department over the redeployment was met with a "hostile response".
"We were in no uncertain terms informed that in the event we are not in agreement with the decision, we either have to brace ourselves for a possible dismissal, alternatively find ourselves alternative employment," he said.
The officials argue that the move, made unilaterally without consultation and without good reason, would impact on their families and would have negative financial implications on the department.
According to insiders, the move is intended to ensure that people are put in place who would toe the line in terms of assigning mining licences in accordance with political connections.
"There is no other justifiable reason to destabilise the department in this way, the attacks on the regional managers fighting this smacks of desperation to loot," said an official who wished to remain anonymous.
Tshivhandekano alleges in the affidavit that there was also no "public interest justification" for the move. The department had received clean audits in all its regional offices and it has failed to provide any indication "whatsoever to conclude that the current regional managers are not performing in their various stations".
"Furthermore, no indication was advanced to suggest that they do not have the necessary skills or expertise to carry out the functions of regional managers. I submit that… it cannot be concluded that the transfer of the applicants will enhance service delivery as well as the department’s performance… I submit it will achieve the opposite."
In court papers, the department has provided a 2011 approval for the rotation of managers, but insiders questioned the sudden implementation without consultation . The department also alleges in court papers that the regional managers’ had largely agreed with the reshuffle during one on one discussions with them.
However, this is disputed in the labour court papers.
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