…refuses to pay terminal benefits
…snubs Labour Court ruling
Moorosi Tsiane
MINISTER of Agriculture, Food Security and Nutrition, Thabo Mofosi, has been accused of exploiting an expatriate worker by refusing to pay his terminal benefits despite a ruling by the Directorate of Dispute Prevention and Resolution (DDPR) in favour of the worker.
The case involves Frank Kalonde, a Malawian national who was employed by Mr Mofosi from April 2022 to September 2024.
Mr Kalonde told the DDPR that he was initially hired at Chobe Farm Enterprise (Pty) Ltd in Quthing to establish shade nets and greenhouses for a horticulture project.
However, the project never took off because, according to Kalonde, Mr Mofosi was busy with political campaigns.
Instead, Kalonde claims he was assigned to perform different kinds of farm work, and later, after the elections, he was instructed to work wherever his hand was needed while still tending to the farm.
“After elections, Mofosi told me that I would work anywhere I was assigned. I worked at Hillview Guest House doing general work and also went to the fields to plough, harvest and package the produce,” Mr Kalonde claims in the DPPR papers.
“We did not sign a written employment contract, but I was paid M3,000 per month from when I was employed until I resigned on 5 September 2024. On 18 August 2024, I experienced an abuse that made me resign with immediate effect. My payment for August was delayed and, as soon as I got my wages, I left.”
After resigning, Mr Kalonde instituted legal action against his former employer at the DDPR, claiming two years’ severance pay amounting to M2769.23, 29 days’ leave payment of M3569, M14,268 for 116 weekly rest days worked, M3075 for working on public holidays over the two years, M64,334 for overtime from April 2022 until his resignation, and M1290 in unpaid wages for the days worked from 1 to 15 September 2024. He admitted that he took 15 rest days during his employment, which he agreed should be deducted from the rest days claimed.
Mr Mofosi was summoned to appear before the DDPR on 17 October 2024 but failed to attend, prompting the tribunal to proceed by default and grant the claims.
“The Tribunal subscribes to the view that the conduct of the respondent (Mofosi) in this instance is tantamount to waiver and unwillingness to utilise his right.
“On the 26th day of September 2024, a notice of set down was served upon the Respondent’s receptionist. That notice clearly indicates the hearing date, time and place as 17th day of October 2024 at DDPR Quthing respectively. That is proof that the Respondent was fully aware of the date, time and place of hearing. There is no reason why provisions of section 44 (8)(c) of the Labour Act (section 227 (8)(c) of the Labour Code Amendment Act equivalent) cannot be applied in this case…” reads the ruling.
The ruling further notes that in the absence of any evidence from Mr Mofosi, Mr Kalonde’s version would be accepted as correct.
“In the absence of any evidence to rebut that of the Applicant, his version will be taken as the correct one, and there is no reason to disbelieve his evidence.
“However, that is not to be done without carefully considering the evidence tendered by the applicant (Kalonde) as well as the applicable legal provisions in an endeavour to reach a fair and just conclusion.
“In terms of the severance pay claim, from the evidence it is apparent that the Applicant has completed a full two years of continuous service with the Respondent. His last salary was M3000. That means he is entitled to M2769.23 as severance payment for those two years.
“He has also testified that he never went on leave, and there is no reason why he cannot be awarded payment for leave not taken as he has claimed. There is also no reason why he cannot be awarded payment for working on public holidays as mentioned, and unpaid wages for days worked in September 2024.”
On the issue of overtime, the tribunal ruled that it was unrealistic for Kalonde to have worked overtime every day for two years.
“It is not easy to believe that the Applicant had to work overtime every day from the time of his employment until his resignation. This is based on the fact that, according to his evidence, he did different types of duties. His basis for claiming overtime was largely placed on the time that they would be working in the fields. Regardless of what type of product they would be ploughing, it should be noted that ploughing is a seasonal duty.
“Therefore, it cannot be correct that they would work in the fields every day for the full two years. This is also supported by his testimony that he would sometimes be assigned duties at the guest house.
“The Tribunal is not convinced that even on the days when he would be working at the guest house he would work the overtime hours as claimed. On that basis, it is only fair to award him half of the overtime amount claimed because it is possible that overtime was indeed worked,” the ruling continued.
The DDPR therefore came to a ruling that Mr Mofosi pay Kalonde M2,769.23 as severance payment, M3569 as payment for leave earned but not taken, M12,431 for 101 weekly rest days worked, M3075 for working on public holidays, M1290 as unpaid wages for days worked from 1 to 10 September 2024, and M32,167 as overtime.
This totalled M55,301.23, and Mr Mofosi was given until 14 December 2024 to pay Mr Kalonde.
However, according to Mr Kalonde, he still has not been paid. When he inquired about the matter on Wednesday, he was told that Mr Mofosi had appealed the ruling.
“I find it very strange that a respondent can appeal the ruling and the applicant doesn’t get informed. There was a warrant of arrest issued regarding this matter, but it was never executed until today and no one knows why. But we have been given 12 August 2025 as the date for the appeal,” Mr Kalonde said.