Court backs SAHRA after CFO paid himself R390,000

The Labour Court has upheld the dismissal of South African Heritage Resources Agency's (SAHRA) former CFO, Kgomotso Sekhabisa, after he paid himself nearly R390,000 in acting allowances beyond the policy's six-month limit. Sekhabisa had challenged a 2022 CCMA ruling that found his dismissal fair, both procedurally and substantively, as well as sought compensation for the remaining term of his five-year contract.

The Labour Court rejected Sekhabisa's claims, finding that SAHRA's remuneration policy clearly prohibited acting allowances for more than six consecutive months, and that he had obtained the required approval for the deviation. The court also noted that Sekhabisa approved documentation related to the acting allowances and had initiated the process resulting in the payments.

Furthermore, the court found Sekhabisa guilty of gross negligence due to his repeated failure to submit procurement plans within the required deadlines, despite reminders from department officials and SAHRA's CEO. The court dismissed Sekhabisa's procedural fairness arguments, stating that he had not been prejudiced by the issues he raised and that the CCMA commissioner had properly considered the evidence and reached a reasonable conclusion.