MASERU – THE government could be on a collision course with a labour union after its spectacular U-turn to reinstate the work permit for Engen Lesotho’s managing director, Tebogo Mosehla.
Minister of Labour and Employment, Selemo Mangobe, said he was reversing his April 20 decision to cancel Mosehla’s work permit after Engen pleaded with him to reconsider and promised some changes.
The decision is likely to annoy the Lesotho Workers Association (Lewa) which fought hard to block Mosehla’s work permit and to get it cancelled after it was granted.
It accused Engen of deliberately failing to promote locals to justify hiring a South African.
Hlalefang Seoaholimo, the general secretary for Lewa, who celebrated the cancellation in April, this week said they will scrutinise the minister’s latest decision.
“We want to read his letter to understand on what basis he decided to reinstate the permit he had cancelled according to the law,” Seoaholimo said.
“The initial decision was based on law and we want to see what prompted this reversal.”
Although Seoaholimo could not reveal how the union would react, thepost has been told that it is likely to write to the minister on Friday to protest the decision.
The union has long insisted that the Engen job should be given to a qualified Mosotho.
The minister’s about-turn came even after Engen had failed in its legal battle to block the government from cancelling the work permit.
The High Court dismissed Engen’s application on the basis that it should have been brought before the Labour Court.
After the case was dismissed, Engen Lesotho became conciliatory.
It told Mangobe, in a letter, that its legal fight was based on “poor advice” and pleaded with him to reconsider his decision.
In a July 7 letter, the company promised to implement a succession plan to hire a local managing director when Mosehla leaves in two years.
Engen said it would restructure so that it’s solely managed from Lesotho.
Mangobe said Engen should submit a skills development plan to the ministry’s National Employment Office three months after Mosehla’s deployment.
He said within 12 months, Engen will meet the National Employment Office to discuss progress on the succession plan.
The minister’s volte-face is in stark contrast to his initial position when he cancelled Mosehla’s permit in April. Back then he said his decision was based on Mosehla’s “failure to disclose material facts which were important for consideration of your work permit application”.
He said the ministry had extensive consultations with Mosehla before the decision to revoke his permit.
The minister said his decision was based on Sections 166 (3) and 9 (1) of the Labour Code Order 1992. Section 166 (3) says a work permit “may be cancelled or extended at the discretion of the Labour Commissioner” and Section 9 (1) empowers the minister “to exercise any power authorised by the Code or any other written law”.
Although Mangobe didn’t specify the “material facts” omitted in the application, sources told thepost that the decision came after an investigation by the ministry revealed that Mosehla had started working before the permit was granted.
Staff Reporter