NYDA Board on the Labour Court ruling

The National Youth Development Agency (NYDA) Board of Directors has noted the contents of the judgement handed down in the case of the NYDA vs. Steven Ngubeni. According to Paragraph 20 of the judgement, "In so far as the NYDA contends that it would be inappropriate to reinstate Ngubeni, it was confirmed during argument that the he (sic) seeks reinstatement on the basis of a restoration of the status quo, i.e. that the disciplinary enquiry continue. Ngubeni had been suspended at the time of the commencement of the enquiry, and I did not understand him to object to a continuation of that suspension pending the outcome of the hearing...."

The NYDA Board terminated Mr Ngubeni's employment while he was still on suspension; and the suspension has not been lifted by the Board or the labour Court. As per the judgement, Mr. Ngubeni remains suspended and the disciplinary enquiry into charges of financial misconduct on his part continues. The judgement handed down by the labour court in no way exonerates Mr. Ngubeni from answering to the charges levelled against him. He therefore remains suspended until cleared of such charges by an independent disciplinary enquiry.

The ruling handed down by the labour court in the case of the NYDA vs. Steven Ngubeni clearly stipulates that Mr. Ngubeni must return to the status quo prior to his dismissal. This means that Mr. Ngubeni remains under suspension by the NYDA Board and the disciplinary enquiry continues. The NYDA has since informed Mr. Ngubeni that he is not to make contact with any member of staff or enter into NYDA premises as per the terms and conditions of his suspension. Ms. Ayanda Makaula remains the Acting CEO of the NYDA during this time.

Mr Ngubeni will be advised soonest about the venue and time of the continuation of the disciplinary hearing.

Statement issued by the NYDA Board, October 22 2013

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