THE High Court has ruled that the employment contract between the ANC in the Free State and a former personal assistant to the party’s chief whip is unlawful.
The decision, delivered on 21 October by Judge P.J. Loubser, effectively voids Kenalemang Kelebohile’s contract and mandates that she bear the legal costs associated with the case.
The dispute arose when and Notsi, appointed by former ANC chief whip Thembeni Ngxangisa in April 2023, claimed unfair dismissal following the termination of her contract.
The ANC, represented by its current chief whip, challenged the validity of Notsi’s appointment, alleging that her employment was never subjected to the standard recruitment, selection and appointment processes required by the ANC.
The court found that her employment did not comply with established procedures, as outlined in ANC policy documents.
These guidelines mandate that all staff appointments be closely linked to the legislative term or the tenure of the appointing official and that all hires must go through rigorous vetting processes, including interviews and reference checks.
However, the ANC argued that there was no record of such processes in Notsi’s case.
Judge Loubser noted that Notsi’s contract, initially set to run until August 2024, explicitly tied her employment to the ANC’s sixth administration, which ended in May 2024.
The court further remarked on inconsistencies in the documentation provided by Notsi, who failed to substantiate her claim of undergoing the recruitment process.
In dismissing her condonation application for a late filing, the judge stated that her version of events lacked credibility and documentary support.
Notsi has been ordered to cover the legal costs incurred by the ANC in this matter. – Staff Reporter