The Passenger Rail Agency of South Africa (Prasa) has asked the Labour Court for a date to review the arbitration award which cleared whistleblower Martha Ngoye of all charges against her, prolonging her suspension.
Ngoye was fired in 2021 from her position as head of legal services by the agency’s board, along with Nathi Khena and Tiro Holele, on the basis that their supposed five-year contracts had expired. Ngoye challenged the decision in the Labour Court, which ruled in her favour and dismissed Prasa’s request for leave to appeal.
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But Prasa then petitioned the Labour Appeal Court and leave to appeal was granted. Ngoye was allowed to return to work on 6 April 2021 while the appeal was pending, but was then suspended on disciplinary charges related to Prasa contracts with Swifambo and SA Fence & Gate.
She was cleared earlier this year of all the charges against her by an arbitration inquiry headed by advocate Imthiaz Sirkhot.
The inquiry found, notably, that she was not among those who had recommended the Swifambo “tall trains” contract and also that she was not guilty of financial misconduct in condoning a R58-million extension to a R210-million contract with SA Fence & Gate.
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