Constitutional Court: PRASA Whistleblower Appeal Decision Upheld

• Martha Ngoye and Tiro Holele, former PRASA employees, have been fighting for five years to have their whistleblower status recognised.
• #UniteBehind has applied to intervene in the court case or be admitted as amicus curiae.
• The case may set a precedent for how whistleblower protection laws are handled in South Africa.

"Their fight is our fight. In this respect, we are less interested in the abstract legal theories that resulted in the current disjuncture between right and remedy on an individual level," stated Achmat in his affidavit.

Martha Ngoye and Tiro Holele, two former PRASA employees, have been fighting for five years to have their whistleblower status recognised. They were fired in early 2021 after revealing corruption within the agency. The Labour Court initially ordered their reinstatement, but the Labour Appeal Court overturned this ruling. The Constitutional Court declined to hear an appeal, leaving Ngoye and Holele with no other option than to apply for a rescission of its decision.

#UniteBehind, an activist organisation led by Zackie Achmat, has applied to intervene in the court case or be admitted as amicus curiae. In an affidavit, Achmat highlighted the organisation's decade-long struggle to 'arrest the rot at PRASA' and its connection to Ngoye's and Holele's whistleblowing efforts. He stated that their fight is a key part of #UniteBehind's mission and that they intend to argue in terms of Section 172 of the Constitution or the Promotion of Administrative Justice Act if granted leave to intervene.

The case has significant implications for whistleblower protection laws in South Africa. Lawyers and compliance officers should take note of the potential consequences of this decision on the role of activist organisations in supporting whistleblowers. The court's ruling may set a precedent for how these cases are handled in the future, affecting not only PRASA but also other government agencies and private companies.

Lawyers and compliance officers should watch for the potential implications of this case on whistleblower protection laws in South Africa, particularly with regards to the role of activist organisations in supporting whistleblowers.

Source: Original reporting via [Source]