Former V&A Waterfront employee ordered to repay over R2.8 million after misrepresenting employment history

A former Victoria & Alfred Waterfront (V&A) Waterfront chief information officer has been ordered to repay over R2.8 million in damages after being found guilty of fraudulently misrepresenting her employment history to secure the position. Judge Robert Lagrange ruled that Sibongiseni Thotsejane's actions had caused the V&A Waterfront significant financial losses.

The court ordered her to pay damages totaling more than R1 million and an additional R464,000 for IT consultants Nokubela Mchunu and Professor Tiko Iyamu. Thotsejane had misrepresented her employment history during the recruitment process, claiming she had been dismissed from previous jobs due to political challenges, mergers, and incapacity, while evidence showed she was actually dismissed for gross misconduct and incapacity.

She also failed to disclose that she remained employed by the Cape Peninsula University of Technology (CPUT) during her tenure. The court found that the misrepresentations were crucial to the V&A Waterfront's decision to hire her and that she had used a false claim of a better job offer from CPUT to negotiate a higher salary. The court determined that if the V&A Waterfront had known the truth about Thotsejane's employment history, they would not have hired her, and thus, they were entitled to cancel the contract and recover the damages.

The judgment also revealed that Thotsejane engaged in extensive private business activities during work hours and while on leave. The V&A Waterfront had to pay R1.402 million for Iyamu's services and R464,000 for Mchunu's services, excluding VAT, as the company suffered financial damages due to the fraudulent engagements. Thotsejane, who represented herself during the trial, did not attend the final hearing or file any arguments, leading Judge Lagrange to impose a punitive costs order due to the severity of her misconduct and her failure to participate in the litigation.