Labour Court finds NC department in contempt over reinstatement order

THE NORTHERN Cape Department of Economic Development and Tourism has been found to be in contempt of a 2022 court order compelling it to reinstate the former director of Trade and Investment, Darius Babuseng, and to pay his outstanding salaries and bonuses.

The department was further interdicted from transferring him to the post of director of the economic cluster secretariat.

According to court papers, officials from the department handed Babuseng a letter terminating his services following his incarceration after he was found guilty of murder and sentenced to 15 years’ imprisonment. The department argued that he was incapable of performing his duties.

Babuseng refused to sign the termination letter and referred officials to his attorney. His services were nonetheless terminated on November 21, 2022, with the department indicating that the decision of the head of department was final and that the disciplinary code did not allow for an appeal.

The department maintained that Babuseng had been absent from work since his incarceration and was unable to perform his duties for an extended period.

After he was granted bail, he appealed to the former MEC for Economic Development and Tourism, Abraham Vosloo, who agreed in 2023 to reinstate him.

“I strongly believe that you were not correctly discharged due to incapacity on 1 November 2022 and have shown good cause for your reinstatement in the public service,” Vosloo stated in correspondence.

On November 5, the Labour Court ordered the department to pay a R100,000 fine as well as Babuseng’s legal costs.

Labour Court Judge Phehane criticised the department for disregarding both the court order and Vosloo’s directives.

Babuseng, who has consistently maintained that he acted in self-defence and who successfully appealed his conviction and sentence in the Mmabatho High Court in 2024, said he is now considering a civil claim for damages.

“I incurred significant legal expenses. The actions of the department amount to constructive dismissal, where state resources were wasted on protracted legal battles to fight personal agendas,” he said.

He added that his attempts to resolve the matter were ignored.

“If the department does not want to comply with the court order, then they should pay me out the remainder of my service until my retirement,” Babuseng stated.

The department did not respond to media enquiries.