Previously, Ngoye, who has been employed at Prasa since 2011, told Daily Maverick she had been victimised because of her testimony at the Zondo Commission of Inquiry into Allegations of State Capture.
Martha Ngoye, the suspended head of Legal, Risk and Compliance at the Passenger Rail Agency of South Africa (Prasa) has, in an arbitration case, been found not guilty of charges brought against her by her employer.
Previously, Ngoye, who has been employed at Prasa since 2011, told Daily Maverick she had been victimised because of her testimony at the Zondo Commission.
Read more in Daily Maverick: “ ‘Just like Babita, I was doing my job, now I am paying the price,’ says Prasa whistle-blower Martha Ngoye”
According to the arbitration ruling, Prasa had instituted disciplinary action against Ngoye, who had, in turn, approached the Labour Court. Both parties then agreed to settle for an arbitration hearing if Ngoye did not go to court, and Prasa withdrew its disciplinary action.
Statements to the Zondo Commission
Prasa charged Ngoye with gross misconduct over statements she made to the Zondo Commission, saying she had brought Prasa and the board’s image into disrepute. Prasa said Ngoye’s conduct constituted gross misconduct and undermined the integrity and authority of the board.
Ngoye told the commission that Prasa’s legal team had been sidelined when it came to key contracts.
SA Fence and Gate
Prasa charged Ngoye with “financial misconduct, alternatively gross misconduct and/or dereliction of duties” in relation to a contract with SA Fence and Gate. Prasa claimed Ngoye breached various clauses of its supply chain management policy, National Treasury policies and the Public Finance Management Act (PFMA) when she signed off on the contract during her tenure as acting Group CEO.
In 2013, SA Fence and Gate entered into a contract with Prasa worth R209-million to install fences and other security measures at train depots. The deal would be extended when Prasa and SA Fence and Gate negotiated to include items such as lights for depots.
But, the deal turned sour over performance and payment, and ended with an arbitration award in 2021 by advocate Lindi Nkosi-Thomas, in which SA Fence and Gate was ordered to pay back R45,101,179.69.
Prasa then sued Ngoye for that amount.
Swifambo
Prasa charged Ngoye with gross misconduct, and/or dereliction of duties over the corrupt Swifambo deal, alleging she was part of the committee that recommended that Swifambo be appointed to supply locomotives to Prasa.
The company was at the centre of the “tall ...