GroundUp reports that three fired executives of the Passenger Rail Agency of SA (Prasa) have gone to the Labour Court to contest their dismissals.  

Martha Ngoye, Nathi Khena and Tiro Holele, who recently had their contracts ‘terminated’ by Prasa’s board, have filed an urgent application with the Johannesburg Labour Court, seeking immediate reinstatement to their former posts.  In her founding affidavit, which is supported by Khena and Holele, Martha Ngoye argues that at the time when her contract and Khena’s were terminated, on 29 January, and when Holele’s contract was terminated, on 3 February, Prasa’s board was not properly constituted, and therefore not empowered in law to fire them  According to Ngoye, the board lacked a representative from the Department of Transport and therefore was inquorate.  Ngoye also argues that the argument used by the board justifying the terminations, namely that their contracts had a five-year expiration date, was not supported by fact, and not valid in law.  Ngoye goes on to argue that she, Khena and Holele were all employed by Prasa on permanent contracts, and that their tenures of contract were never amended.  Ngoye suggests that most of the approximately 20 executives at Prasa have been at the rail agency for more than five years.  As a result, says Ngoye, Prasa’s decision to unilaterally terminate the contracts on the grounds that these had expired after five years is “unlawful, invalid and of no force and effect,” and should be set aside.

• Read the full original of the report in the above regard by James Stent at GroundUp <https://www.groundup.org.za/article/sacked-executives-take-prasa-court/>

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