The regional manager for the South African Social Security Agency (Sassa) in the Eastern Cape Bandile Maqetuka has been reinstated following his successful challenge against his dismissal at the Commission for Conciliation, Mediation and Arbitration (CCMA).
Maqetuka’s reinstatement in January earlier this year follows his dismissal in August 2023 after he was accused of sexual harassment and abuse of power after it was revealed that the allegations against him were fabricated.
This was revealed by Social Development Minister Sisisi Tolashe when she was responding to four sets of questions from MPs from the Democratic Alliance and Economic Freedom Front.
Tolashe clarified that she did not intervene to ensure Maqetuka was re-instated into his position as she has no legal authority to do so.
She also emphasised that the dispute was between the regional manager and Sassa and Maqetuka had sought legal recourse at the CCMA arguing that the allegations that led to his firing were unfounded.
“The honourable Minister got to know about the specific case through correspondence received from Mr Maqetuka’s attorney. The latter’s correspondence was referred to the agency on 8 October 2024,” she said, adding that the correspondence had provided new information which Sassa was not privy to.
By deadline further enquiries in reaction to the reinstatement were unanswered by the DA and EFF.
Tolashe said Maqetuka’s legal team had in October 2024 expressed their dissatisfaction regarding the slow progress of the arbitration proceeding and also shared the pre-hearing minutes of the 18 October 2023 which provided startling new evidence against the employer.
“The new evidence made the employer to realize that the disciplinary proceeding in respect of the dismissed regional executive manager was based of convoluted information, hence the parties agreed to take the matter back to consultation process in terms of section 138(3) of the Labour Relations Act, 1995, as amended.”
The pre-arbitration minutes revealed that the parties to the arbitration hearing had agreed that there was no finding of sexual harassment and abuse of power as per the investigation report.
This as the official that laid a complaint against Maqetuka did not lay any grievance or charges of sexual harassment other than complaining about not being shortlisted for an unnamed position.
It was also conceded by the investigator that the complainant be charged for a corrupt conduct after bribing colleagues to manufacture sexual harassment allegations against Maqetuka.
“The agency invoked section 138 (3) of the Labour Relations Act; 1995 as amended, and the matter was referred for conciliation purposes,” she said.
Tolashe said Sassa was compelled to settle the matter rather than continuing to defend a weak case and incur fruitless expenditure.
“The settlement agreement was concluded and signed in terms of section 142A of the Labour Relations Act,1995; as amended. The signed settlement agreement is the final document which is binding the Parties in terms of section 143(1) of the Labour Relations, Act,1995;as amended.”
Tolashe confirmed that her department and Sassa took issues of sexual harassment, including gender-based violence, seriously.
“It is important to highlight that the Department stands firmly against all forms of harassment, support survivors and further endeavour to ensure that perpetrators are held accountable. However, while we uphold justice for victims, we must also recognize that false accusations can cause irreparable harm,” she said.
“Upon consideration of the new information, the employer concluded that its case against Mr. Maqetuka was not strong enough and will not hold in court hence the agency re-instated the regional executive manager: Eastern Cape.”
She further said the equality before the law and the right to fair labour practices apply to all employees in terms of the Constitution.
“The latter provision is binding on all employers; hence any forms of injustices against Mr Maqetuka had to be addressed or corrected as soon as it was discovered,” she added.
When contacted on Saturday, Maqetuka declined to comment on the matter citing a settlement agreement he entered into with Sassa.