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An application by Tshepo Kgare, Acting CEO of the Railway Safety Regulator (RSR), to appeal a decision of the Labour Court to reinstate company secretary Mamankoane Tabane, has been dismissed.
On 6 April,
GroundUp reported that Kgare had sacked Tabane although she did not have the authority to do so. Furthermore, Kgare failed to comply with a resolution of the board that had overturned her dismissal of Tabane.
Acting Judge Coetzee found that Kgare’s papers had not “raised grounds other than those in the hearing of the matter”. He further found that there was nothing in Kgare’s submissions to persuade him that “any appeal would have a reasonable prospect of success” and that Kgare had brought “no other compelling reasons why leave to appeal should be granted”.
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The acting CEO of the Railway Safety Regulator (RSR), Tshepo Kgare, was found by her board to have acted unlawfully and unfairly in terminating the employment of the company secretary. Yet the board has taken no action. Kgare is one of four candidates for permanent appointment as RSR CEO.
The dispute has also turned nasty, with criminal charges being brought against the secretary, Mamankoane Tabane, for holding on to her company laptop even as the Labour Court reinstated her.
On 8 March, Acting Judge Faan Coetzee in the Johannesburg Labour Court ruled that Tabane should return to work at the RSR, where she is employed as Executive – Legal Services and Governance, which encompasses being company secretary.