By Silindzelwe Nxumalo
The Teaching Service Commission (TSC) has fired SNAT President Mbongwa Dlamini from the government employ. The unionist’s dismissal comes after he was found guilty by the TSC for being absent from his duty as a teacher for 109 days without reporting to his immediate supervisor, the head teacher. According to the letter addressed to Dlamini dated August 29, 2023, titled ‘Outcome of your Disciplinary Action’ the TSC highlighted that the outcome was following his disciplinary hearing wherein he was found guilty and was invited to appear before the commission to present mitigating circumstances or factors for consideration before it decides on an appropriate sanction.
The commission said that it was pertinent to place before Dlamini that in the presence of his legal representative, when he was requested to make mitigating submissions, he and his duly appointed legal representative refused to tender any mitigation and that they both opted to walk out of the disciplinary hearing after hurling insults and threats at the TSC. “Having mentioned the above, the commission brings to your attention that after your disrespectful departure, the initiator duly represented by the office of the Attorney General proceeded to submit its aggravating submissions,” read the letter.
The TSC said that amongst the many submissions that were made, the initiator submitted that the 109 days of Dlamini’s absenteeism from duty as a teacher amounted to gross misconduct “which remains unmitigated to this day”. “You have never explained your absence from duty to your Headteacher on the occasions on which you resurfaced. You also received your salary for no work done throughout your absenteeism,” said the TSC in the letter. Furthermore, the commission also brought to the SNAT president’s attention Section 36 (F) of the Employment Act of 1980.
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“This section provides as follows: “It shall be fair for an employer to terminate the services of an Employee for any of the following reasons…because the employee has absented himself from work for more than a total of three (3) working days in any period of thirty (30) days without either the permission of the Employer or a certificate signed by a medical practitioner certifying that he was unfit for work on those occasions.”,” the TSC said.
The commission went on to say: “It was on that premise therefore that they had according to Section 36 (F) of the Employment Act, 1980 decided to terminate Dlamini’s services as a teacher with immediate effect. “In concluding to terminate your services with immediate effect the Commission has also considered your failure to appreciate the sensitivity and nobility of the teaching profession,” said the TSC.
The TSC added that his neglect and dereliction of his duties had adversely affected the future of the learners he was assigned to teach Mathematics and Science at Moyeni High School.
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“Having stated the above the commission wishes to advise you that a more comprehensive ruling with reasons will be availed to yourself in due course. The Commission takes the opportunity to wish you the best in all your future endeavours,” said the commission.
SNAT President Mbongwa Dlamini said he anticipated his dismissal as he knew the way the government operates. “Our government is very predictable, so we were ready, and we knew that this would happen,” he said.
Dlamini said that they were going to use all available means to fight this judgment and pursue it legally for justice to be served. The SNAT President said he believes that there was no justice served in his dismissal because he did not have a chance to defend himself in this case.
“The day I was called for my hearing I was in Botswana and my lawyer was bereaved which is why he sent one of his team members to meet TSC and ask for a postponement which is normal because previously TSC has asked for the same,” he said.
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Dlamini said that what the government did was continue with the matter in the absence of his incumbent lawyer and himself was a sign that they wanted to come up with this judgment.
“After receiving the judgment there is nothing much we could do because this was their plan from the beginning,” he said. Dlamini added that for SNAT, this wasn’t new as former SNAT President Albert Shabangu was also expelled by the government.
SNAT Secretary General Loti Vilakati said as a union they were going to stick with their president even when he is on pension. Vilakati assured TSC that Dlamini would stay as the SNAT president even after his dismissal as a teacher. “TSC must also know that starting from Wednesday, it not going to be normal, whether inside schools or outside. Dlamini is ours and he is going to remain the SNAT president,” said the SG. He also announced to all the teachers in the country that they were now going to war with the TSC and the Ministry of Education, so they needed to be ready.
NAPSAWU Representative Msimeto Malindzisa said they were going to stick by SNAT till Dlamini returned to work. Malindzisa said this was now an issue for all Public Sector Unions in the country as it showed that the government was threatening all of them by Dlamini’s dismissal.