The department of social development’s former chief director of communications, Lumka Oliphant, has launched a challenge to newly appointed acting minister Sindisiwe Chikunga over her dismissal from the department.
In a strongly worded letter from Oliphant’s lawyers, Chikunga is urged to publicly retract statements made by former minister Sisisi Tolashe and intervene in the dispute surrounding Oliphant’s dismissal before the matter escalates to court.
The five-page letter states that Oliphant’s dismissal is already the subject of an unfair dismissal dispute before the Public Health and Social Development Sectoral Bargaining Council, where she alleges the process was both substantively and procedurally unfair.
Oliphant was dismissed on October 17 2025 on charges including gross violation of security clearance and prejudicing the administration of the department.
It is our client’s belief that the haphazard approach adopted was not the result of dereliction/negligence or incompetence, but that of a concerted effort by those in charge of the affairs of the department at the time to drive her out at all cost.
— Lawyers for department of social development’s former chief director of communications Lumka Oliphant
Her lawyers argue the disciplinary process was fundamentally flawed. They say that while Oliphant had been suspended and was awaiting a hearing where she could defend herself, then director-general Peter Netshipale found her guilty on October 14 and invited her to make representations on the sanction by close of business on October 17.
“However, this letter inviting her to make representations on the sanction only reached our client on the day of deadline ... meaning she was not afforded the adequate opportunity to advance such representations,” the letter states.
Her legal team objected and requested more time, but Netshipale proceeded with the dismissal on what the department described as “undisputed charges of gross violation of security clearance, communication policy, gross insolence/disrespect, prejudicing the administration of the department, and bringing the department into disrepute”.
Oliphant argues several of those charges were never formally put to her before the disciplinary process.
“Our client has a strong case ... for dismissal on charges ... which were never tried or subjected to any due process,” the lawyers said.
They added: “It is our client’s belief that the haphazard approach adopted was not the result of dereliction/negligence or incompetence, but that of a concerted effort by those in charge of the affairs of the department at the time to drive her out at all cost.”
Oliphant has now offered to enter discussions with Chikunga in an attempt to resolve the dispute amicably and avoid litigation.
She also raised concerns about Tolashe’s decision, days before she was removed by President Cyril Ramaphosa, to announce the appointment of a new communications chief director while the matter remained unresolved before the Bargaining Council. Oliphant said she is considering legal action to have the appointment reviewed and set aside.
The former communications chief further demanded the withdrawal of a department press statement accusing her of waging a “deliberate and sustained attempt to mislead the public and undermine Tolashe’s leadership through the circulation of false and distorted narratives”.
She argued the department had produced no evidence of a co-ordinated misinformation campaign and should retract the statement publicly.
Department spokesperson Sandy Godlwana said the department would not comment on the matter. “The matter is at the arbitration level. Her lawyers and our lawyers are dealing with the matter and we can’t comment further.”
Oliphant said: “It has been a difficult eight months, and I am hoping that the new acting minister will get a thorough report from everyone involved, including labour relations, where this process should have started, legal services and finance.”
She said she hoped Chikunga would investigate the recommendations that led to her dismissal, as well as the dismissals of others caught up in the fallout.
“I also want my name cleared and it must be done publicly. Officials who neglected their constitutional obligations need to account.”
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