A lawyer representing over 70 employees of the National Security Services (NSS) whose employment was terminated in 2018 and are challenging it, said that they were procedurally employed.
Adv. Motiea Teele (KC) argued to the high court yesterday that the applicants were appointed by a functionary entitled to make appointments adding that Director General NSS is the most pivotal in the making of appointments. Adv. Teele said the termination of the employment of the applicants was not proper and contrary to the NSS Act. He emphasized that only the court of law can determine the legality and invalidity of the appointments. He said the appointments should remain valid until legally challenged.
Adv. Monaheng Rasekoai representing the respondent, being the Director General NSS, argued that the appointments of the applicants were contrary to Section 9 read with 10 of the NSS Act. He indicated that the appointments were procedural and invalid as the requirements of the Act were not met. Reports show that the applicants who were permanent and pensionable public servants had their employment terminated following a change of regime and the Director General NSS.