The Labour Court has dismissed an urgent application to reinstate a suspended school principal, affirming the education department’s right to proceed with its investigation into alleged misconduct.
- The Labour Court dismissed an urgent application by NATU to reinstate Mkhumbane Secondary principal Ntokozo Ngobese following his suspension in March.
- The court ruled that employers are not legally required to hear an employee’s representations before placing them on a precautionary, non-punitive suspension.
- The ruling stems from a deeper management crisis at the school involving controversial CCTV surveillance that sparked mass teacher protests and union intervention.
The Labour Court has dealt a blow to the National Teachers’ Union (NATU), dismissing an urgent application to reinstate the principal of Mkhumbane Secondary School, who was sidelined following a chaotic standoff over classroom surveillance.
Ntokozo Ngobese was placed on precautionary suspension by the KwaZulu-Natal Department of Education on 3 March. The move followed allegations of serious misconduct and insubordination. Ngobese allegedly refused to allow a teacher to assume duties after reinstatement by the department.
The teacher had been suspended by the department but was reinstated after numerous appeals.
However, upon his return, the principal refused to allow him into the school.
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In a judgment delivered electronically this week, Acting Judge Sarah Saunders struck the matter from the roll, citing a lack of jurisdiction and reinforcing the department’s right to investigate management failures without immediate interference.
The ruling: No right to ‘pre-suspension’ hearings
NATU had argued that Ngobese’s suspension was invalid, unlawful, and a breach of his employment contract under the Education Amendment Act. However, Saunders dismissed the notion that a teacher must be allowed to argue their case before a suspension takes effect.
“In respect of the merits, the Labour Court’s finding that an employer is not required to give an employee an opportunity to make representations prior to a precautionary suspension, cannot be faulted,” the judge noted, citing Constitutional Court authority.
The court further rejected NATU’s claim that an investigation was unnecessary because Ngobese had already provided his version of events. Saunders clarified that an employer is not obliged to take an employee’s word at face value.
The judgment read:
The very purpose of a formal investigation is to allow the employer to gather evidence independently, test the employee’s explanations… and form its own conclusions on the facts.
A ‘misconceived’ children’s rights argument
In a creative legal pivot, the union attempted to argue the suspension was unlawful because the principal had acted in the “best interests of the learners”.
Saunders was unmoved, describing the attempt to turn a “straightforward labour-relations matter into a children’s rights dispute” as legally untenable. She noted that the best interests of students are actually served by ensuring misconduct allegations against school leadership are “properly and fairly investigated”.
Classroom cameras and ‘Big Brother’ fears
The legal battle is the latest chapter in a volatile period for the Durban-based school. In February, the South African Democratic Teachers’ Union (Sadtu) backed a strike by nearly two dozen teachers who refused to teach under the gaze of newly installed cameras.
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Teachers raised the alarm over privacy and the legality of constant surveillance in teaching spaces. While the department has confirmed it is working to resolve the CCTV dispute, Ngobese remains sidelined as the formal investigation into his conduct – specifically regarding insubordination under Section 18 of the Employment of Educators Act – continues.
The application was struck from the roll with no order as to costs.
Ngobese allegedly refused to allow a teacher to assume duties after reinstatement by the department.
The teacher had been suspended by the department but was reinstated after numerous appeals.
However, upon his return, the principal refused to allow him into the school.
The KwaZulu-Natal Department of Education had confirmed the suspension of Ngobese and said it was working to address the issue regarding the CCTV cameras.
