Independent Newspapers
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Durban – A health department attorney who says she was suspended for being a whistle-blower in the “Amigos” case will face her employers in the Labour Court on Tuesday in an attempt to have her three-year suspension lifted.
In court papers, Kantha Padayachee, who was the department’s legal services general manager, claims trumped-up charges, including a complaint of racism, were levelled against her after she disclosed details of alleged corrupt practices to the police.
She said she was suspended from her job in February 2010, a day after she met a Hawks detective who was investigating the multimillion-rand fraud case.
She also said she was locked out of her office and denied access to the files and documents she wanted to hand over to the Hawks.
The department suspended her after it charged her with seven counts of misconduct, alleging that she used vulgar and disrespectful language when addressing staff, displayed favouritism towards one employee and ill-treated staff because of her racism.
In the “Amigos” case Uruguayan businessman Gaston Savoi and several senior KZN government employees were charged with racketeering, fraud and money laundering, with a potential cost to the provincial government of R144 million.
It is related to the supply of water purification and oxygen plants to the provincial departments of local government and health.
Aside from the lifting of her suspension, Padayachee is also asking the court to interdict the department and its head, Sibongile Zungu, from continuing with disciplinary action against her and to rule that these proceedings would be in contravention of the whistle-blower’s Protected Disclosures Act.
In its papers, the department has denied that Padayachee was targeted because of her meeting with the police.
It says it was Zungu who initiated the criminal proceedings related to the water purification plant tender scam and that she had given the audit firm PricewaterhouseCoopers permission to interview Padayachee about the investigation.
The department said Padayachee was trying to avoid the disciplinary action by falsely claiming that she had been a whistle-blower.
Padayachee said the department suspended her to silence her.
“The respondents in suspending and disciplining me on trumped-up charges desire to sideline, marginalise and discredit me ahead of time, as I am a potential witness in any prosecution.”
Regarding the misconduct charges Padayachee said the complaints were baseless and referred to incidents which occurred several years before her suspension in 2006 and 2007.
kamini.padayachee@inl.co.za
The Mercury
