Ministry of Employment and Labour update on case against Mthunzi Mdwaba, Thuja Holdings and others (Case 2023/123188)
On Friday 02 February 2024 Pretoria High Court Judge Marais dismissed, with punitive costs, the incompetent, frivolous and vexatious interlocutory application of Mthunzi Mdwaba which was brought on a one day notice to the court.
Mdwaba was seeking an order to compel Minister Nxesi to release documents which were already on record, and which were served on him and his legal team as far back as 24 November 2023.
Last week on 25 January Deputy Judge President Ledwaba directed Mdwaba to file answering papers by 30 January after he on two separate occasions failed to comply with filing deadlines, making it impossible for Minister’s Nxesi’s case to proceed.
Mdwaba who is an admitted attorney and who understands legal processes, irresponsibly and recklessly embarked on an elaborate smear campaign against the Minister for executing his oversight duty over the Employment and Labour Department by stopping the implementation of a contract which the Minister believes did not comply with the provisions of the Public Finance Management Act.
The court concurred with counsel for Minister Thulas Nxesi who argued that the application was nothing but an abuse of court processes and a desperate attempt to further delay and frustrate Minister Nxesi’s case for a declaratory order on the unlawful R5 billion agreement, and to interdict Mdwaba from propagating despicable lies and defamatory allegations about the Minister in the public domain.
Minister Nxesi welcomes the judgment on the interlocutory application and also that the matter is finally adjudicated upon, for South Africans to find closure and legal certainty on this Agreement. After dismissing Mdwaba’s vexatious interlocutory application, the arguments for the application brought by Minister Nxesi started, thus finally enabling the court to rule on the declaratory order for the unlawful R5 billion agreement, and stopping Mdwaba from his defamatory accusations.
Minister Nxesi’ legal team by end of Friday had not completed their arguments on the main case. The case will proceed on a date to be communicated by the court to all parties involved.
The Minister anticipates the court’s earliest available date to end Mr. Mthunzi’ unsolicited, coordinated attacks to the rule of law, our constitutional and democratic state.
As a matter of public interest, the Ministry will inform the media accordingly.
Media enquiries:
Trevor Hattingh
Cellphone: 067 410 4099
Email: trevor.hattingh@labour.gov.za
Lumko Mtimde
Cell: 066 587 4257
Email: lumko.mtimde@labour.gov.za
