By Staff Reporter
Suspended Teaching Service Department (TSD) director Nathaniel Motaba remains in limbo in the face of a raft of disciplinary charges that continue to hang over his head.
This after the public service tribunal on May 18 2023 ordered a resumption of the disciplinary hearing against Motaba within 30 days from the date of its judgment.
The 30-day period lapsed on June 19 but the hearing never took place.
But the principal secretary for the ministry of higher learning, Dr John Oliphant told theReporter this week that preparations to hold the hearing afresh would begin soon.
Oliphant said he was due to meet the ministry’s legal officers to be advised on the matter in the hope that a decision will be reached next week.
He confirmed the issue against Motaba is “now on my table.”
Former basic education principal secretary Dr Dira Khama confirmed he had recused himself from the proceedings after he was ordered to do so by the tribunal panel.
The order was handed down by tribunal chairperson L.M.A Lephatsa with T.S. Moremi, tribunal member concurring.
Grilled about the tribunal’s decision that granted two of his appeal grounds, Motaba told this publication: “I am glad that I have made such a landmark breakthrough that will then allow me legal representation when the disciplinary hearing resumes at some stage. It is only fair that this will be entertained.”
He said he had always been skeptical of receiving justice at the hands of Khama who was initially due to preside over his case.
Khama had submitted affidavits opposing Motaba’s attempt to stop an attempt to transfer him to the Lesotho Distance Teaching Centre (LDTC).
Khama had initially rejected Motaba’s bid for him to step down. He had also dismissed his request to be furnished with possible witnesses’ statements to be submitted in the disciplinary proceedings.
Motaba is a public officer based at the education and training ministry leading the department of teaching service, a body that oversees the administration of teaching professionals from primary to high school level.
During the tribunal Lephatsa ruled that it was a common cause that there is a pending litigation in the High Court instituted by Motaba in which he seeks a stay of the education ministry’s decision to transfer him from the TSD to the LDTC.
The High Court granted Motaba an interim order stopping him from assuming new duties as the LDTC director after he submitted that the transfer to the new role was malicious and a demotion.
Lephatsa noted that Khama is the same “person or officer who opposed the appellant’s High Court application and attested to an answering or opposing affidavit to Motaba’s demand for nullification of the transfer”.
Motaba was suspended for misconduct on two counts by the chief education officer at the ministry of education and training, Phaee Mariti, pending the outcome of the disciplinary hearing for alleged misconduct.
Initially, the disciplinary proceedings were set to run from March 14-18 2022 but failed due to lack of preparedness on Motaba’s part. He was charged in his capacity as the TSD director, accused of “unlawfully and intentionally failing to perform your lawful duties and willing fully and intentionally disregarded and failed to comply with Education Act…and Teaching Service Regulations 2002”.
Motaba was accused of failing to perform such duties on or about December 2 2021 to March 3 2022 in the first count. On the second count, he is charged for unlawfully and intentionally absenting himself from his official duties during office hours without leave and as such committing a misconduct.
