Public protector storm blows over

Less than a week after his suspension by former public protector Lawrence Mushwana, chief executive Themba Mthethwa is back at work.

The new public protector, Thulisile Madonsela, lifted the suspension this week after representations by Mthethwa’s legal team.

Mushwana is now chairperson of the South African Human Rights Commission.

Public protector spokesperson Kgalalelo Masibi refused to discuss the reasons for Mthethwa’s reinstatement, citing confidentiality between employer and employee.

But the Mail & Guardian has learned that Madonsela retracted the communiqué sent to staff about Mthethwa’s suspension, in which Mushwana accused the chief executive of failing to declare a medical condition that could have affected his appointment to the protector’s office.

‘The communiqué from the public protector in connection with the suspension and disciplinary action against the chief executive officer, dated October 13 2009, is therefore herewith retracted,” said Madonsela in an email to staff this week.

Mushwana also accused Mthethwa of misconduct for not disclosing that his previous employer, the South African Local Government Association, had investigated him for alleged tender irregularities.

Mthethwa is still seeking legal advice on Mushwana’s communiqué to colleagues on the day he was suspended.

Mthethwa’s attorney, Gilbert Ngoepe, said the communiqué not only prejudged his client but also impaired his ‘good name, dignity and reputation”.