For one staff member of the Road Accident Fund (RAF), getting on the wrong side of Collins Letsoalo led to her losing her job and contemplating suicide.
Zamaswazi Hlophe, a former claims officer in the Durban office, was suspended six years ago following a meeting that Letsoalo — acting CEO at the time — had called with staff from the regional office.
Hlophe says staff at the meeting in September 2019 were taken aback when Letsoalo, in an apparent ethnic slur, said: “I lived in KwaZulu-Natal, I know what you people are like. When a person disagrees with you, you get rid of them.”
Hlophe, a shop steward for the National Union of Metalworkers of South Africa, said she raised her hand to ask Letsoalo if there would be an opportunity for questions. But he responded with a “hostile rant”, she said.
“Little did I know this would be the day that would spell the end of my life as I know it,” Hlophe said.
Three days later she was suspended, accused of “disrespecting” the CEO, and charged with misconduct.
Hlophe told the Sunday Times that the basis of the charge remains a mystery, as no specific act of disrespect was ever identified. This marked the beginning of a protracted and financially devastating legal battle.
She went to the commission for conciliation, mediation & arbitration (CCMA), which ruled in her favour, saying the RAF’s internal disciplinary hearing was “fraught with procedural unfairness”. Among other things, RAF had notified her of her dismissal via e-mail in July 2021 before the hearing had been completed.
RAF contested the CCMA finding at the labour court, and lost again.
In March last year labour court judge Benita Whitcher ruled that Hlophe’s dismissal was “substantively unfair”.
“It needs to be said that this is yet another example of employers abusing the right to review, particularly employers with deep pockets from the public purse. No irregularity on the part of the [CCMA] commissioner was demonstrated in the applicant’s [the RAF’s] papers, let alone the materiality thereof,” said Whitcher.
To say that the CEO of RAF has destroyed my life does not even begin to describe it ... My health has deteriorated; I’ve lost count of how many times I’ve wanted to end it all.
— Zamaswazi Hlophe, former RAF claims officer
She ordered RAF to reinstate her with back pay.
This week the RAF said it was working to comply with the order. “[We] can confirm that the process of reinstating Ms Hlophe has commenced following the dismissal of RAF petition by the labour appeal court,” it said in a statement.
Letsoalo did not respond to questions from the Sunday Times.
Hlophe said the former CEO had caused her untold emotional and financial distress.
“My family is in a mess. I am unable to look after myself. I’m fully dependent on the goodwill of other people even for basic things. The CEO has literally reduced me to a beggar ... Had it not been for those around me who believe in me, I would literally be out living under some bridge or be dead,” she said.
“To say that the CEO of RAF has destroyed my life does not even begin to describe it ... My health has deteriorated; I’ve lost count of how many times I’ve wanted to end it all. I’m now treated as if I embezzled funds or committed fraud, which is baffling.”
Hlophe said being without an income for so long meant her two children had not been able to pursue tertiary education. Her legal fees have exceeded R500,000 and she owes friends R250,000.
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