Mboxela Cleared Of Six Misconduct Charges, Only To Face Fresh Suspension

Shortly after Vuyiseka Mboxela beat six charges of serious misconduct during a disciplinary hearing, she was served with a precautionary suspension dated 23 October, signed and sealed two days after being found not guilty. She was only scheduled to be back at work on 27 October.

Signed by Sharon Maasdorp, education department head, the latest suspension notice alleges that she gained access to the department’s IT system while on suspension, shared departmental information without authorisation and forwarded emails to her personal gmail account.

When approached by The Coastal over the weekend, Mboxela dismissed the fresh allegations as a malicious witch-hunt since she did not have access to her work laptop and cell phone during her suspension.

The letter states as follows:

1. The Department has obtained information indicating that, whilst you were on precautionary suspension, you accessed the Department’s IT system without authorisation and accessed and / or intercepted departmental information and correspondence.

2. The Department further has information indicating that you forwarded department email correspondence and / or the information from the Department’s system to your personal account without authorisation.

“I really do not know how to hack the department’s system as I do not have the skills set. Neither did I have access to my work cell phone and laptop during my initial suspension. This a clear attempt at purging and a witch-hunt,” said Mboxela.

She reckons that her principals in the department might not have had enough time to peruse the forty-four-pager verdict, dated 21 October, following an independent disciplinary inquiry.

She further questions why her precautionary suspension is dated 23 October while the outcome of the hearing, two days before, stated that she should return to work on 27 October.

Presiding Officer MP Mhlanti found that the department could not prove that Mboxela:

1. had victimised and marginalised deputy director Malibongwe Mtima,

2. bullied staff,

3. abused her authority,

4. misused managerial discretion and acted unprofessionally,

5. was insubordinate, and;

6. engaged in improper public communication, including the alleged unauthorised use of a departmental letterhead.

Mhlanti instructed that the allegations must be struck from Mboxela’s employment record and that she be reinstated.

Malibongwe Mtima, spokesperson of the Department of Education, said: “Please be advised that the code of conduct does not allow us to discuss employer and employee issues with the media. This relationship is highly regulated thus [I] am prohibited to comment on the issues raised in your enquiry.”