Public Protector advocate Thuli Madonsela has found that the KwaZulu-Natal Provincial Treasury acted unlawfully when it fired an employee for blowing the whistle on alleged corruption‚ maladministration and abuse of state funds.
Madonsela released her findings in a report‚ titled Rocking the Boat‚ on Tuesday afternoon‚ launching her office’s 2016 National Good Governance Week.
In 2013‚ Fikile Hlatshwayo-Rouget‚ 37‚ was dismissed from her senior management position with the provincial treasury‚ under “pretext charges‚ following her making a protected disclosure regarding suspected corruption“‚ the report said.
She had only taken up the position three months earlier.
Among the allegations made by Hlatshwayo-Rouget were the alleged undeclared interests of treasury officials in events it had paid for‚ including air shows and the Durban North Sea Jazz Festival — which never happened.
She had also accused treasury of the excessive use and overpayment of consultants.
Though Hlatshwayo-Rouget was victimised by her employer for her disclosure‚ she has now been vindicated by Madonsela‚ who has found her dismissal was unlawful‚ and done without prior warning.
“The suspension and subsequent dismissal of the complainant on the basis of trivial charges was irrational‚ unreasonable and unfair and can justifiably be seen as a charade that sought to get the complainant out of the way‚” Madonsela said.
Madonsela also found that treasury had failed to deal with Hlatshwayo-Rouget’s protected disclosure on the suspected dodgy dealings properly‚ which meant funds spent improperly‚ like the R25-million paid for the jazz festival that never was‚ could not be recovered.
The report found that Hlatshwayo-Rouget had unduly suffered financial‚ emotional and social prejudice in light of her dismissal.
She has been unemployed for three years.
Madonsela has ordered that Hlatshwayo-Rouget be reinstated and given back pay within a month of the report being issued.
A letter of apology must be given to Hlatshwayo-Rouget‚ as well as therapy‚ if required.
The outgoing public protector also took issue with treasury’s argument‚ during her investigation‚ that Hlatshwayo-Rouget’s complaint was not in her jurisdiction.
“It is my considered view that arguments that insist that an unemployed complainant who has lost everything due to whistle-blowing must go to court are quite disheartening insofar as it displays lack of appreciation of the power imbalance between the mighty state and the ordinary person of little means often referred [to] in the Public Protector discourses as Gogo Dlamini.
“An argument that insists that she must go to court effectively advises the complainant to simply abandon her claim. Surely that can’t be right.” — TMG Digital
KZN treasury's sacking of whistle-blower illegal‚ says public protector
Public Protector advocate Thuli Madonsela has found that the KwaZulu-Natal Provincial Treasury acted unlawfully when it fired an employee for blowing the whistle on alleged corruption‚ maladministration and abuse of state funds.
Madonsela released her findings in a report‚ titled Rocking the Boat‚ on Tuesday afternoon‚ launching her office’s 2016 National Good Governance Week.
In 2013‚ Fikile Hlatshwayo-Rouget‚ 37‚ was dismissed from her senior management position with the provincial treasury‚ under “pretext charges‚ following her making a protected disclosure regarding suspected corruption“‚ the report said.
She had only taken up the position three months earlier.
Among the allegations made by Hlatshwayo-Rouget were the alleged undeclared interests of treasury officials in events it had paid for‚ including air shows and the Durban North Sea Jazz Festival — which never happened.
She had also accused treasury of the excessive use and overpayment of consultants.
Though Hlatshwayo-Rouget was victimised by her employer for her disclosure‚ she has now been vindicated by Madonsela‚ who has found her dismissal was unlawful‚ and done without prior warning.
“The suspension and subsequent dismissal of the complainant on the basis of trivial charges was irrational‚ unreasonable and unfair and can justifiably be seen as a charade that sought to get the complainant out of the way‚” Madonsela said.
Madonsela also found that treasury had failed to deal with Hlatshwayo-Rouget’s protected disclosure on the suspected dodgy dealings properly‚ which meant funds spent improperly‚ like the R25-million paid for the jazz festival that never was‚ could not be recovered.
The report found that Hlatshwayo-Rouget had unduly suffered financial‚ emotional and social prejudice in light of her dismissal.
She has been unemployed for three years.
Madonsela has ordered that Hlatshwayo-Rouget be reinstated and given back pay within a month of the report being issued.
A letter of apology must be given to Hlatshwayo-Rouget‚ as well as therapy‚ if required.
The outgoing public protector also took issue with treasury’s argument‚ during her investigation‚ that Hlatshwayo-Rouget’s complaint was not in her jurisdiction.
“It is my considered view that arguments that insist that an unemployed complainant who has lost everything due to whistle-blowing must go to court are quite disheartening insofar as it displays lack of appreciation of the power imbalance between the mighty state and the ordinary person of little means often referred [to] in the Public Protector discourses as Gogo Dlamini.
“An argument that insists that she must go to court effectively advises the complainant to simply abandon her claim. Surely that can’t be right.” — TMG Digital
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