Martha Ngoye, Nathi Khena and Tiro Holele, three executives of the Passenger Rail Agency of South Africa (Prasa) who recently had their contracts ‘terminated’ by Prasa’s, 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 that her contract and Khena’s were terminated, on 29 January, and by 3 February, when Holele’s was terminated, Prasa’s board was not properly constituted, and therefore not empowered in law to fire these executives. Ngoye also argues that the argument used by the board justify their terminations that their contracts had a five-year expiration date was not supported by fact, and not valid in law.