A 55-year-old woman who was unfairly fired by the Department of Justice and Constitutional Development more than 10 years ago has been reinstated.
The department finally reinstated Sophie Jiyana after sending her a letter, dated December 12, 2023, to that effect.
“Your reinstatement has been authorised by the director-general in accordance with the 20 February 2014 GPSSBC (General Public Service Sector Bargaining Council) Arbitration Award,” the letter reads.
“Therefore, you are directed to report for duty in Pretoria Magistrate’s Court with effect from December 15, 2023.”
Reinstatement letter
The first day of Jiyana’s employment following her reinstatement was December 18, 2023. This was due to South Africa having declared December 15, 2023, a public holiday in honour of the Springboks’ victory in the 2023 Rugby World Cup.
Jiyana is once again employed by the Pretoria Magistrate’s Court, where she supervises the domestic abuse division.
She declined to comment when reached for comment, saying that since she is now back in government employment, she is not permitted to speak to the media.
Jiyana began working at the same magistrate’s court since 1989, first as an administrative clerk, before the department fired her in 2012 for theft.
She was alleged to have attempted to solicit R9 000 from a client in exchange for help with a case.
Before the internal disciplinary procedures pronounced her guilty, police arrested Jiyana in 2011 and charged her with corruption. In 2014, the GPSSBC declared Jiyana’s termination to be unjust and mandated her to return to work.
Commercial crimes court
In 2015, the Pretoria Special Commercial Crimes Court ruled her not guilty on all counts.
“The respondent (department of justice) is to reinstate the applicant (Jiyana) in its employ on the same terms and conditions as controlled her employment before her discharge,” the GPSSBC award letter read, as seen by Sunday World.
In addition, the bargaining council mandated that the department reimburse Jiyana for R157 968 for the period between her dismissal and the issuance of the order.
On January 31, 2017, the Commission for Conciliation, Mediation and Arbitration (CCMA) upheld the bargaining council’s decision. In June 2014, the justice department approached the Labour Court in Johannesburg, seeking the reversal of the bargaining council’s ruling. The matter was set to be heard on July 13 2017. However, on July 10 2017 the Labour Court issued an order stating that the department had withdrawn its application from the roll.
Department blocks return
In July 2019, the department filed papers opposing this order and re-instated its court challenge, therefore preventing Jiyana from getting her job back.
Following her dismissal in 2012, Jiyana lost her five-bedroom house in Pretoria West and moved to her mother’s home in Siyabuswa, Mpumalanga, with her two adult children.
Her car was also repossessed. She survived on her mother’s old-age grant.
Sunday World understands that the department decided to reinstate Jiyana because she filed for a notice of attachment in execution, which we have seen, at the Labour Court in Joburg in July last year. She’s targeting the attachment of properties belonging to the department’s Gauteng office in the Joburg CBD, so that she can recoup monies owed to her as stated by the GPSSBC.
The properties attached include 100 computers, 10 HP printers, 100 office chairs, 6 Rexel shredders, 50 office desks, 100 zinc cabinets and four sets of couches.
Following this attachment notice, the department panicked and decided to reinstate Jiyana, and stop its court challenge against the binding rulings ordering her reinstatement.
Excitement over reinstatement
Sedrick Maasdorp, labour relations manager of the Public Service Association of South Africa’s Gauteng office in Pretoria, said the organisation is excited about Jiyana’s reinstatement.
“The Public Service Association of South Africa expresses its utmost satisfaction in safeguarding the rights of the individual in question, as well as those of others facing comparable dilemmas. Despite being a protracted undertaking, this promotes the fact that employees are still protected in terms of labour legislation,” said Maasdorp.
Department of Justice and Constitutional Development spokesperson Kgalalelo Masibi confirmed Jiyana’s reinstatement.
“The department reinstated her after obtaining a legal opinion from the State Attorney’s office and counsel. The department considered all the material facts of the case, including but not limited to the certified arbitration award that has been made an order of court and the cost implications for the department to challenge the award,” said Masibi.
Masibi said the department has already paid Jiyana the amount stipulated in the arbitration award.
She said the department will pay Jiyana all monies due to her from the time of her dismissal to the time of her reinstatement.
“The department will pay her all monies due to her subject to legal deductions. The parties are currently engaged in settlement negotiations through legal teams,” she said.
