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NPA head to take Zuma to court over suspension! (Find out what went wrong so you don't make the same mistake)

by , 15 August 2014
The National Prosecuting Authority is in the news once again.

According to Eye Witness news, NPA head, Mxolisi Nxasana is planning to take President Jacob Zuma to court over his looming suspension.

But what's gone wrong? Nxasana hasn't even been suspended, but he's already planning to take his employer to court?

Read on to find out what the presidency did wrong so you can avoid making the same mistake and ensure suspension is procedurally fair.

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Here's why the NPA head is challenging his looming suspension

The reason Nxasana is going to court is because he wants to force the president to provide more information around his looming suspension.

Last week, the president announced his intention to suspend Nxasana, pending the outcome of an inquiry into his fitness to hold office and has allowed him the opportunity to defend himself. But Nxasana says he hasn't been given enough information to do so, Eye Witness News reports.

So on Wednesday, he approached the courts fearing that he'd be suspended, but the matter was indefinitely postponed.

So what's wrong with this picture?

The fact that Nxasana hasn't been given enough information regarding his suspension…

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When it comes to suspension, the Labour Relations Act (LRA) says you must:


  1. Inform your employee that you're considering suspending him;
  2. Tell him the reasons why you want to suspend him;
  3. Inform him that he can motivate why you shouldn't suspend him;
  4. Consider his representations; and
  5. Tell your employee what you decide in writing.

If you've done all these five things, it means you've given your employee an opportunity to be heard. Your suspension is now procedurally fair.

If we use Nxasana's case, the presidency may have gotten number two wrong. While they're giving him a chance to say why he shouldn't be suspended, they haven't given him enough reasons (according to him) so he can plead his case.

Avoid this mistake at all costs.

Give your employee sufficient information around why you want to suspend him. If you overlook this or any of the above points, your suspension won't be procedurally fair and you'll open yourself to legal disputes.

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