Pretoria - The Johannesburg Labour Court on Friday dismissed National Consumer Commissioner Mamodupi Mohlala's urgent application against Trade and Industry Minister Rob Davies.
"Mohlala wanted the court to declare that the letter dated 21st May 2012, issued by Minister Davies, purporting to act in terms of clause 5.1 of the employment contract is ultra vires, invalid, unlawful and of no legal force and effect," said the department.
The matter was heard on Friday after Davies' 21 May letter to the commissioner. The letter notified Mohlala that her contract would not be renewed when it expired on 3 September.
"The letter sought to comply with clause 5.1 of the contract of employment as ordered by Lagrange J in the judgement of 18th May 2012 in the previous Labour Court proceedings instituted by Ms Mohlala against Davies.
"After both parties presented their arguments, the Labour Court found in favour of Minister Davies. The Labour Court noted that in Ms Mohlala's affidavits deposed to in the previous application, Mohlala had recognised that the Minister was entitled to act in terms of clause 5.1 of the contract of employment."
The court further stated that the matter was not ready to be heard because Davies had not taken a decision on the renewal or non-renewal of the contract of employment.
The commissioner's application was dismissed with costs.
Davies has welcomed the ruling.
