Suspended Eastern Cape department of education director of communications and events management, Vuyiseka Mboxela, says she is looking forward to going back to work after a disciplinary hearing cleared her of six charges brought against her by her employer.
Mboxela faced allegations of victimisation and marginalisation, abuse of managerial authority and workplace bullying, misuse of managerial discretion, unprofessional conduct, insubordination, public communications and social media conduct, and unauthorised use of the departmental letterhead. She was suspended in August last year.
Chairperson of the disciplinary hearing, Mpho Mhlanti, found Mboxela not guilty of all charges.
In the ruling, delivered on October 21, Mhlanti said having considered the evidence as a whole, he found the department of education had not discharged the onus of proving the charges against the employee on a balance of probabilities.
Mboxela told the Dispatch on Friday the moment was bittersweet.
"I'm numb. I'm really numb because the reality and effect of the matter is that I was subjected to a tedious and painful process.
"I'm looking forward to going back to the department," she said.
"I have healed. I have peace, and I'm willing and ready to go back to the department of education to work as I was duly appointed, and I know that what is at the centre of everything is the people of the Eastern Cape, not egos and also not how we feel about each other.
"I look forward to the department accepting me back so that I can do my job," she said.
In the ruling, Mhlanti said the employer's evidence did not consistently cross the threshold required for a finding of misconduct.
He said in several respects the employer's case depended on an inference being drawn from conduct which is equally capable of having a legitimate managerial or operational explanation.
He said the question was not whether Mboxela's version was perfect, but was whether the employer's version is sufficiently probable to establish the alleged misconduct.
"On the evidence as a whole, I find that it is not."
