psaBusiness Report writes that according to court papers filed by the Public Servants Association’s (PSA’s) deputy general manager Tahir Maepa and provincial manager Thami Makuzeni, the board of directors of the trade union had no powers to suspend them.  

Maepa and Makuzeni last week filed papers in the Gauteng High Court asking the court to nullify their suspensions and order the PSA to allow them to return to full duty with immediate effect.  In his papers, Maepa said while the board was granted wide-ranging powers, its powers and functions could not be irreconcilable with the statute.  He argued that if the statute vested certain powers on another structure, the board did not have the power to exercise those powers.  According to Maepa, the power to suspend or take any disciplinary proceedings was vested in the PSA general manager Ivan Fredricks, who was also suspended in January, and not in the board.  He claimed that neither he nor Makuzeni were afforded an opportunity by either the PSA board or the acting general manager of the PSA, Leon Gilbert, to make representations prior to their suspensions.  He argued that Gilbert, albeit acting general manager, was clothed with all the powers of the PSA general manager.  Maepa said Gilbert had owed the board a duty to explain to it that it had no powers to act in the manner in which it did, but “he failed or did not advise the board as he should have.”

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