By Staff Reporter
The ministry of education and training faces a legal battle over its treatment of Teaching Service Department (TSD) director Nathaniel Motaba, who was suspended from work after being transferred to a new post.
As the director of the TSD, Motaba is the chief administrator and overseer of the administration of the department. As such, the director of the TSD is bestowed by law with the powers to be the secretary of the Teaching Service Commission (TSC).
The embattled Motaba has sought court intervention in the brawl that erupted when the ministry’s authorities unexpectedly transferred him to the Lesotho Distance Teaching Centre (LDTC) as director. He was to assume his new role from February 1 2022.
But Motaba strongly feels the transfer is a bitter pill to swallow, triggering him to institute legal proceedings against the education ministry. He seeks a reversal of the decision after being ordered to vacate TSD office to assume new responsibilities at the LDTC.
The transfer was ordered by the principal secretary for higher education Dr John Oliphant on January 14 this year.
But Oliphant has declined to comment on the transfer details, asking the writer to consult with his colleague and principal secretary for basic education Dr Lira Khama. Oliphant contested he had only signed the transfer letter on behalf of Khama who was out of office at the time.
In turn, Khama was aware of Motaba’s situation but promised to consult the legal section of the ministry as the matter was now in court.
Subsequently, when questioned about the state of the affairs, he said there was a disciplinary action being taken against Motaba. He said last week’s proceedings did not make headway as Motaba was accompanied by his legal representative, a practice he claimed was contrary to procedures for conducting a disciplinary hearing.
At the time of going to press, the hearing was set for April 12 at the ministry’s offices. It was to be presided over by Dr Khama as the head of the TSD.
However, he confirmed there was a civil suit instituted by Motaba before the courts of law.
According to a probe by theReporter, the instruction for Motaba to assume duties at the LDTC came just before he could be suspended from office at the TSD.
His suspension was penned down by the chief education officer at the education and training ministry Phaee Mariti, pending the outcome of the disciplinary action for alleged misconduct.
The disciplinary proceedings were set for March 14-18 2022 but failed to go ahead as they were postponed for lack of preparedness.
In the charge sheet prepared by Mariti on March 3, Motaba is charged in his capacity as the director of the teaching service. He is accused of “unlawfully and intentionally failing to perform your lawful duties and willing fully and intentionally disregarded and failed to comply with Education Act…and Teaching Service Regulations 2002.”
The legal pieces refer to duties of the TSD director. It is alleged he failed to perform such duties on or about December 2 2021 to March 3 2022 in the first count.
In the second count, Motaba is charged for unlawfully and intentionally absenting himself from “your official duties during office hours without leave and as such committed a misconduct.”
He was notified of the date of the hearing and advised he could bring along a representative of his own choice who shall not be a legal practitioner.
The charge concluded: “It can be a colleague from your department or ministry. You are also allowed to bring along witnesses of your choice.”
While the wrangling drags on, Motaba’s case is to be heard in the High Court on May 30.
In the litigation papers, Motaba who holds a Master’s in Education Management, contests that the transfer is malicious. He argues that the new position assigned to him – of director of the LDTC – is actually a demotion “given the duties and responsibilities he currently performs as the TSD head.”
He claims that the new assignment comes just after he complained of maladministration practised by the education and training ministry at the TSD by not “following the law regarding the administration of the department.”
Motaba is adamant that he had laid a grievance against highly placed officers at the ministry “but that has not been addressed despite the grievance code being in place.” He warned of a prevailing conflict of duties at the department following the appointment of four new directors, “ultimately disabling me to carry out my responsibilities as TSD director and secretary to the TSC.”
His lawyer Attorney Mohaneng Rasekoai last week was reluctant to comment, fearing he might delve into the merits of the case which is sub judice.
The brawl between the ministry of education and training and Motaba has been brewing for some time.
It all began when four directors’ appointments were made within the TSD, overriding Motaba’s powers as the head of the body. For instance, a position of TSD human resource director has been introduced to be in charge of appointments at the department.
Again, he feels that his mandatory powers to be the secretary of the TSC have been usurped from him by an alleged sneaking in of the manager of teachers’ affairs to be the secretary of the TSC.
The position of the director of the TSD is created in line with the Constitution of Lesotho and the Education Act of 2010.
In order to remedy the situation, Motaba who has been suspended with full pay, consulted with his legal representative who warned the ministry of a conflict of duties.
“In terms of the law, client performs dual roles as the director in the Teaching Service Department and also as the secretary of the Teaching Service Commission. Following the creation of four additional positions of directorship from the human resource cadre in the Teaching Service Department, the statutory duties which vest in the office of Director-Teaching Service Department-were consequently performed by the newly appointed directors.
“Such duties include but not limited to the recruitment, training and development, processing of terminal benefits and also the structure of teaching establishment and allocation of grants in favour of teachers.
“All these duties were originally performed by the director – Teaching Service Department and this remains the position of the law and is further supported by client job description,” wrote Rasekoai of Rasekoai, Rampai & Lebakeng Attorneys on December 1 2021 to basic education principal secretary basic education Dr Khama.
He urged that his client sought the intervention of Khama by directing strict adherence to the law to the extent that client performs his duties as conferred by law and as further supported by the job description.
In his December 16 2021 reply which was seen by the publication, the ministry of education and training director legal Advocate S.P. Mofoka responded: “Please be informed that your client was never deprived of his right and duty to perform his statutory duties as the secretary of the Teaching Service Commission but due to the bulk and complexity of his duties as the Director TSD, it was imperative that such office should be fortified by establishing the position of the manager teachers’ affairs as the support to his functions.
“It is therefore the duty of your client to perform his secretarial functions to the commission as the supervisor of the manager teachers’ affairs. Your client’s request to perform his duties is therefore justified, thus he is accordingly expected to assume office and duly perform his duties as the secretary to the Teaching Service Commission with immediate effect.”
On the following day, Mariti wrote to Motaba instructing him to resume duties as the secretary of the TSC only to slam him with a charge sheet three months later.
Meanwhile, the disciplinary hear of Motaba did not go ahead and has been postponed to a date yet to be set.
