ODAC goes to court to halt harassment of whistleblower
OPEN DEMOCRACY ADVICE CENTRE
WHISTLEBLOWER IN URGENT COURT ACTION TO STOP HARASSMENT BY GREATER SEKHUKHUNE DISTRICT MUNICIPALITY
The Open Democracy Advice Centre (ODAC) has lodged an urgent application against the Greater Sekhukhune District Municipality at the Johannesburg Labour Court, on behalf of a municipal employee, Patrick Aphane. The purpose of this application is to obtain on an urgent basis, an interim order lifting his suspension and withdrawing the charges against him. The court will hear the application at 14:00 pm on the 27th of November 2009.
"We are asking the court to intervene and stop the Municipality from disciplining him for speaking out on corruption" said Alison Tilley, head of ODAC.
Patrick Aphane, a shop steward of the South African Municipal Workers Union (SAMWU) was suspended on 29 September 2009 for writing a letter to the Minister of Finance, Pravin Gordhan requesting a forensic audit of municipal finances as well as for confirming on SABC radio the existence of such a request from the union.
The union requested a forensic audit after reading the Auditor General's Report which highlighted serious financial irregularities as well as wasteful and fruitless expenditures. These included cell phone and airtime expenditure amounting to R 398 300. Of this amount R 277 484 was used by an employee who had stolen a Vodacom 3G card from the municipality and used it to enter the Vodacom 100 cars win a BMW competition. This BMW was won by the employee.
The Open Democracy Advice Centre (ODAC), a centre specialising in the area of whistle blowing and specialist in the Protected Disclosures Act (2000) "strongly condemns the action taken by the municipality to suspend Mr. Aphane. The Act was created to facilitate the disclosure of information by employees - victimisation has no place in our society." said Lorrain Martin, Program Manager of the Protected Disclosure Act Unit, ODAC
On the 16th of September 2009 the municipality released a Press Statement:
"The Municipality has a vehicle for use by the Mayor. The Council will sit down and decide what to do with this BMW. Most importantly, the message has been sent out that crime does not pay and that we must respect government resources," Magabe said. (Councillor Mogobo David Magabe)
On the 29th of October 2009 Mr Aphane was formally charged and suspended for bringing the name of the municipality into disrepute. The disciplinary hearing is scheduled for the 30th November 2009.
Labour Court - Johannesburg Street address 7th Floor Arbour Square Building, 86 Juta Street, Braamfontein, Johannesburg.
Statement issued by Zanele Ntuli, communications officer for the Open Democracy Advice Centre, November 26 2009
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Comments
If only there were more honest people like Mr. Aphane. The whole Municipality
who sought to punish him should be dismissed.
Enough of corruption!!!! Down with wasting of state funds!!!!
by mapelele on November 26 2009, 20:32
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It is time that good, honest people be rewarded for their actions instead of the rewards going to the crooks.
Thank goodness for organisations such as ODAC who are prepared to take on such cases. Honesty will prevail.
by Samjank on November 26 2009, 21:32
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