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Mapetla ruling due today

11 Mar 2011

The South Gauteng High Court does not have the necessary authority to reinstate dismissed Estate Agency Affairs Board (EAAB) chief executive, Nomonde Mapetla, claims Ross Hutton SC.

He is acting for the EAAB, which has been taken to court by Mapetla over her dismissal. Hutton said that her urgent application to be reinstated as the CEO should be heard in the Labour Court.

However, Mapetla’s senior counsel, Dali Mpofu, the former head of the SABC, argued that there was no question about the jurisdiction of the court.

Mapetla is taking the EAAB, its individual board members and the Department of Trade and Industry to court. 

Judge Lotter Wepener is due to hand down his decision on the matter at 11h30 this morning and if he rules in Mapetla’s favour the case will then be heard on its merits.

Mapetla contends that the EAAB’s board had fired her because of her whistle-blowing activities but the EAAB has denied this and claims that her dismissal had “nothing to do with any fight against corruption or crime”.

In her affidavit presented to the court yesterday Mapetla said there appears to be a direct link between her anti-corruption or whistle-blowing activities and her dismissal.

Mpofu argued that Mapetla should be granted an urgent interdict to reinstate her as CEO, the position she was fired from on 27 February. He says her case rests on a cluster of common law right including the right to a fair hearing; a second cluster of the right to privacy and dignity and a final cluster of statutory right provided by the Protected Disclosures Act.

Mapetla was behind an EAAB investigation into estate agency Wendy Machanik Properties that led to its closure and to criminal charges being laid against Machanik and her chief financial officer Bruce Bernstein. 

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About the Author
Paddy Hartdegen

Paddy Hartdegen

Freelance columnist at property24.com.

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