Suspended Agriculture‚ Forestry and Fisheries director-general Mike Mlengana returned to work on Monday after the Pretoria High Court found that his suspension was unlawful.
"According to the order of the High Court, it was declared that the minister lacked the authority to suspend the director-general; that the suspension was unlawful‚ invalid and of no force and effect; [and] that the minister lacked the authority to institute disciplinary proceedings against the director-general and such proceedings were unlawful‚ invalid and were set aside‚" the Department of Agriculture, Forestry and Fisheries said in a statement.
Mlengana was placed on precautionary suspension by Minister Senzeni Zokwana on July 9 2017‚ pending investigations into allegations of gross misconduct.
"The director-general faces charges of alleged gross misconduct relating to misappropriation of state funds and failure to comply with the Public Finance Management Act, and failing to disclose his business partner’s alleged involvement in certain department tenders. Mr Mlengana also faces charges of alleged insubordination in relation to failing to suspend department officials involved in fraudulent activities; and the contravention of the Marine Living Resources Act‚" Zokwana’s office had said.
Following his suspension, Mlengana was served with a provisional charge sheet and informed that a departmental disciplinary inquiry would be held. This‚ however‚ did not materialise.
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