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The Northern Cape Department of Economic Development and Tourism has been ruled in violation of a 2022 court directive that required it to rehire the previous director of Trade and Investment, Darius Babuseng, and settle his unpaid wages and incentives.

The department was prohibited from moving him to the position of director of the economic cluster secretariat.

As per legal documents, representatives from the department provided Babuseng with a notice ending his employment after he was imprisoned following his conviction for murder and a 15-year prison sentence. The department claimed that he was no longer able to carry out his responsibilities.

Babuseng declined to sign the termination notice and directed officials to consult his lawyer. Despite this, his employment was ended on November 21, 2022, as the department stated that the head of the department’s decision was definitive and that the disciplinary regulations did not permit an appeal.

The department stated that Babuseng had been away from work since his arrest and was unable to carry out his responsibilities for a long time.

Following his release on bail, he sought assistance from the former MEC responsible for Economic Development and Tourism, Abraham Vosloo, who consented in 2023 to bring him back into position.

” I am firmly convinced that you were not properly released because of inability on 1 November 2022, and you have provided valid reasons for your return to the public sector,” Vosloo mentioned in his communication.

On November 5, the Labour Court mandated the department to pay a R100,000 penalty along with Babuseng’s legal expenses.

A Labour Court judge named Phehane expressed disapproval of the department for ignoring both the court’s instructions and Vosloo’s guidelines.

Babuseng, who has always claimed he acted in self-defense and who successfully overturned his conviction and sentence at the Mmabatho High Court in 2024, stated he is now contemplating a civil lawsuit for compensation.

“I faced substantial legal costs. The department’s behavior constitutes constructive dismissal, with state funds squandered on prolonged legal disputes to advance personal interests,” he stated.

He mentioned that his efforts to address the issue were overlooked.

“If the department refuses to follow the court order, they should compensate me for the remaining part of my service until I retire,” Babuseng said.

The department did not reply to press inquiries.