The Services Sector Education and Training Authority (SETA) has offered compensation and possible reinstatement of the three dismissed whistleblowers in an effort to restore justice.
The decision follows a legal review into the cases of employees who were dismissed between 2017 and 2020 after raising concerns about alleged irregularities, maladministration and corruption within the organisation.
Lehlogonolo Masoga, Services SETA administrator, acknowledged the system’s failure and accepted responsibility for past actions taken by the entity.
Protected disclosures
“Restorative justice incorporates among other elements, active participation by the affected parties, taking responsibility and commitment to repairing harm, and a victim-centered approach.
“It is for this reason that on behalf of the Services SETA, I take full responsibility for the actions and inactions of my predecessors and commit to dispensing justice to the victims of our previous decisions and, at times, our failures to act,” said Masoga.
The review found that all three cases met the legal threshold for protected disclosures and that the employees suffered occupational detriment as a result of speaking out.
Services SETA would now pursue remedies in line with labour laws, including reinstatement, re-employment or compensation, depending on individual circumstances.
The three cases show a pattern of employees being dismissed after raising concerns, which have now been recognised as protected disclosures.
Lehlola Ramajoe reported governance issues to several oversight bodies and was later suspended and dismissed.
A review found he suffered occupational detriment due to his disclosures, and he may be reinstated or compensated.
Thandi Mkhize was dismissed after sharing information about a conduct she believed was irregular.
A fresh review found she may have been unfairly targeted, but as she has reached retirement age, compensation is seen as the most suitable remedy.
Procurement irregularities
Tshepiso Mofokeng raised concerns about procurement irregularities that were later proven. Despite signing a settlement, her case is being reopened, with reinstatement or compensation now under consideration.
“We remain committed to justice through timeous and decisive action in pursuit of good governance.
“I wish to state categorically that the Services SETA has its own internal policy on whistleblowing and further that this process is running parallel to other efforts to ensure that decisive and concomitant action is taken against those who committed acts of irregularity and malfeasance,” said Masoga.
He also linked the decision to a wider national conversation on whistleblower protection, saying whistleblowers should not be victimised and targeted for speaking out against corruption.
“We have seen situations where some of our brave countrymen and women were victimised for their gallant efforts in blowing the whistle against wrongdoing.
“Some have paid the ultimate price for fighting graft with their lives, while others have lost their livelihoods.
“It is the ultimate sacrifices of these heroes and heroines of our land that inspire us in our endeavour to play our part,” said Masoga.
