TimesLive reports that Itunu Ubogu, who holds a senior position in the Gauteng health department, was accidentally overpaid for five years, but then a letter arrived demanding repayment of almost R800,000.  

Her salary slip a month later showed a deduction of more than R33,000 towards settling the claimed debt.  This was followed by news that her annual bonus would be withheld.  Ubogu turned to the Labour Court, arguing that current legislation allowing the state to deduct money paid wrongfully to employees was unconstitutional.  Judge Edwin Tlhotlhalemaje agreed and declared unconstitutional a section of the Public Service Act that allows the state to deduct payments wrongfully made to employees in the absence of any due process or an agreement.  The court has now altered part of section 38 of the Public Service Act to conform with the Constitution.  It is unclear whether the department will continue in its quest to recover the rest of the money.

• Read this report by Ernest Mabuza in full at TimesLive

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