The Constitutional Court has granted an appeal after significant procedural errors were identified in the handling of a cross-review concerning corruption allegations against former public servant Paballo Mothulwe.
His legal struggle dates back to 2016 when he was accused of soliciting a bribe as a transport inspector. Facing serious charges, he was dismissed from his position. Through arbitration, he secured a ruling of unfair dismissal based on procedural grounds, yet the finding of guilt on corruption charges remained intact.
Following an appeal by the Department of Public Works, Roads, and Transport, the Labour Court was instructed to reassess the arbitration decision. However, despite the far-reaching implications of being officially labeled as guilty of corruption, the court neglected to consider Mothulwe’s cross-review of the guilt finding, effectively leaving his legal standing in limbo. The case became a key example of how Labour Court corruption rulings impact the fairness of the judicial process.
Constitutional Court identifies procedural violations
In a series of rulings, both the Labour Court and the Labour Appeal Court denied Mothulwe's applications for leave to appeal, limiting his legal recourse. However, upon reviewing its own past decisions from July 2022 and May 2023, the Constitutional Court identified a critical procedural irregularity.
Justice Jody Kollapen, writing for a unanimous bench, highlighted that the Labour Court's failure to adjudicate Mothulwe’s cross-review constituted a violation of his constitutional right to a fair hearing under Section 34. The court stated: "A court cannot simply refuse to consider a challenge directed at guilt if it finds reason to interfere with a challenge directed at sanction."
This oversight, the court determined, resulted in a grave injustice, highlighting broader concerns regarding Labour Court corruption rulings and their implications for due process.
The Constitutional Court has now rescinded its prior orders, granting Mothulwe leave to appeal. His cross-review application, which challenges the corruption finding, must be reconsidered by another judge at the Labour Court. If his cross-review succeeds, the initial ruling against him will be overturned, potentially altering the course of his professional and legal future.
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