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Landmark ruling in favour of whistle-blower

Publish date: 08 January 2007
Issue Number: 1738
Diary: Legalbrief Today
Category: Labour

Labour Court Judge Daya Pillay has slammed former Justice Minister Penuell Maduna in a landmark ruling in favour of a whistle-blower the Minister fired – the first SA case in which a whistle-blower has received compensation for exposing corruption.

Maduna and current Scorpions boss, Vusi Pikoli, formerly Director-General in the Department of Justice, were sued by the former Deputy Director-General in the department, Mike Tshishonga, who lost his job following his public disclosure of corruption and nepotism within the liquidations industry, as well as Maduna’s insistence on having a friend, Enver Motala, appointed in lucrative cases. Tshishonga was sidelined over his refusal to appoint Motala, and subsequently made the public disclosures that led to his axing. However, he successfully took this to court, and although he won, Pikoli refused to reinstate him. Ruling in favour of Tshishonga, Pillay criticised Maduna and Pikoli for their failure to testify during the case. Pillay said they were public officials at the time and owed Tshishonga and the public answers to the claims made by Tshishonga. Pillay ordered the Justice Department to pay Tshishonga 12 months’ salary as well as his legal costs. She also criticised the Public Protector, the Auditor-General and even Minister in the Presidency, Essop Pahad, whom Tshishonga had called to resolve the impasse, for failing to probe the allegations. Full Sunday Times report

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