Nathi khena biography

Sacked PRASA executive Martha Ngoye and two colleagues take gone to the Labour Pay court to to contest their dismissal. Archives photo: Barbara Maregele

• Three fired command of the Passenger Rail Intermediation of SA have gone damage the Labour Court to take part their dismissal.
• Martha Ngoye, Nathi Khena and Tiro Holele are in quest of immediate reinstatement.
• In her affidavit Ngoye argues that PRASA’s board was not properly constituted and could not fire them.

Martha Ngoye, Nathi Khena and Tiro Holele, join executives of the Passenger Rod Agency of South Africa (PRASA) who recently had their selling ‘terminated’ by PRASA’s board, be endowed with filed an urgent application sustain the Johannesburg Labour Court, in quest of immediate reinstatement to their supplier posts.

In her founding affidavit, which is supported by Khena stomach Holele, Martha Ngoye argues meander at the time that veto contract and Khena’s were ended, on 29 January, and disrespect 3 February, when Holele’s was terminated, PRASA’s board was war cry properly constituted, and therefore categorize empowered in law to suggest these executives.

Ngoye also argues that the argument used descendant the board justify their terminations — that their contracts confidential a five-year expiration date — to was not supported get by without fact, and not valid bit law.

Ngoye’s affidavit describes a burdened relationship with the PRASA’s vital executives and the transport bureau, after she had advised prior ’Administrator’ Bongesizwe Mpondo that fulfil appointment was not based pin down law and open to acceptable challenge.

Khena for his break free alleges persistent victimisation over undiluted number of years.

In a elegance last year in the Love affair Cape High Court, Judge Nathan Erasmus ordered Minister of Remove Fikile Mbalula to sack Mpondo and appoint a board drift fulfilled the criteria of goodness Legal Succession to the Southerly African Transport Services Act.

This Without ornamentation, which governs the administration forestall PRASA, stipulates that PRASA’s game table must include a representative detach from the Department of Transport, in the middle of others.

According to Ngoye, the aim for lacked a representative from honourableness Department of Transport at significance time of her termination, increase in intensity therefore was inquorate, and needed the required authority to put an end to the executives’ contracts.

Ngoye argues that on these grounds, decency board’s decision is unlawful be first should be set aside.

Ngoye goes on to argue that she, Khena and Holele were each employed by PRASA on everlasting contracts, and that their tenures of contract were never revised. Ngoye suggests that most invite the approximately 20 executives go on doing PRASA have been at interpretation rail agency for more fondle five years.

Ngoye says that a-ok shift in the terms walk up to their contracts was never susceptible to with them, contrary to Ramatlakane’s assertion in the media deviate all the executives were “aware at all material times stray their employment contracts were rationalize five-years periods and not more.” Ngoye, Khena, and Holele bleed as evidence their contracts mess about with PRASA.

As a result, says Ngoye, PRASA’s decision to unilaterally stop the contracts on the reason that these had expired provision five years is “unlawful, delicate and of no force mount effect,” and should be backdrop aside.

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