THE former chief executive of the Road Traffic Infringement Agency (RTIA), Japh Chuwe, is seeking an urgent and amicable settlement regarding his dismissal from the Agency, which he has claimed was unjust and unlawful.
In a letter dated December 20, 2023, seen by the Sunday Independent, Chuwe reveals that his dismissal occurred without a proper disciplinary hearing and was based on untested allegations, which he has contended undermined the legitimacy of the process.
Chuwe, who served the Agency for 11 years, highlighted the financial toll of ongoing litigation and warns that prolonged legal disputes could lead to wasteful expenditure and potential financial misconduct for the Agency.
Speaking to the Sunday Independent recently, Chuwe urged the newly appointed Board to adopt a more reasonable approach, pointing to a similar case where unlawful dismissal resulted in significant compensation.
He said he and his legal team were prepared to negotiate a swift, out-of-court settlement to avoid further strain on both parties and ensure justice and accountability but especially to avoid wasting taxpayer funds by the RTIA.
In a compelling settlement proposal, Chuwe outlined grievances against the previous Board chairperson and the board, accusing them of unjust treatment, procedural violations, and a lack of due process.
These actions, he argued, had significantly damaged his professional reputation and financial stability. He warned that the financial cost to the RTIA could escalate if these matters were not resolved quickly, further complicating the agency’s operations.
Chuwe’s ordeal began on February 5, 2021, when he was placed on suspension with a letter indicating a 30-day period to allow for investigations. However, the suspension was extended multiple times, beyond the completion of the investigations, eventually exceeding 210 days, a duration Chuwe claimed was unlawful and against the Agency’s policies.
In a statement, Chuwe said: “The actions taken against me were not just procedural errors; they were intentional and aimed at ensuring I did not return to my position.”
His dismissal on October 29, 2021, was executed without a disciplinary hearing, in violation of the Agency’s policy and the audi alteram partem principle, which guarantees an individual the right to be heard.
Chuwe emphasised that the dismissal was based on untested allegations by RTIA investigators who did not provide statements under oath, further questioning the legitimacy of the process. “I was dismissed on mere allegations without the opportunity to interrogate or cross-examine the evidence against me,” Chuwe said.
Chuwe’s settlement proposal outlines key grievances, including:
- Unlawful Suspension:
- Lack of Due Process:
- Summary Dismissal:
- Intent to Remove:
- Failure to Provide Investigation Reports:
- Retaliation:
- Financial Misconduct Allegations:
- Impact on Professional Reputation:
Chuwe’s legal representatives indicated that they were prepared to challenge the Board’s actions in court, asserting that the treatment he received violated his legal rights. “The Board’s actions have led to unnecessary financial and emotional distress for me,” Chuwe’s attorney stated.
Despite the ongoing legal battles, Chuwe remained cautiously optimistic about the new Board members, expressing hope that they would review the matter impartially and help bring about a fair resolution. Further compounding the matter for the Board, is the confirmation by the Board that the previous Board Chairperson acted alone in dismissing Mr Chuwe, because there is no resolution that authorised her to exclusively deal with Chuwe’s case and to dismiss him. In fact, the Board Charter states that only the Board has the power to dismiss the Registrar, which was not done.
He did, however, raise concerns about whether the new members had been fully briefed on the details of his case. “I hope that the new Board will support a fair resolution to the injustices I have faced and restore the Agency to its former excellence.”
The Sunday Independent sent 21 questions to the Department of Transport, seeking clarification on various aspects of Chuwe’s dismissal, the Agency’s policies, and the potential financial impact of the ongoing litigation. The Department responded selectively, citing the matter as sub judice.
Through spokesperson Collen Msibi, the Department provided an account of Chuwe’s dismissal, asserting that he was found guilty of misconduct, specifically relating to the alleged forgery of his employment contract, after a disciplinary process. The Department on behalf of the Minister, could not justify why the Board failed to comply with its policies by subjecting Chuwe to a disciplinary hearing, instead of a “disciplinary process”, which is nowhere provided for in the RTIA’s policies.
The Department insisted that the RTIA Board acted within its legal rights, arguing that the dismissal was a necessary step to uphold governance and accountability in public service. This is disingenuous for the Department to claim, whilst it fails to hold the Board accountable for not complying with its own policy of holding a disciplinary hearing against Chuwe, a crucial and critical milestone in the exercise of justice.
They further claimed that Chuwe had opted for private arbitration but failed to file his application for condonation by the deadline of June 7, 2023. As a result, the arbitrator dismissed both claims. The Department also mentioned that Chuwe had declined to pay his portion of the arbitrator’s fees and would explore other legal avenues.
Additionally, the Department indicated that there was an ongoing High Court case involving a damages claim against Chuwe and others, related to unjust enrichment from alleged bonus irregularities. This case, they said, was also sub judice.
Chuwe disputed the Department’s account, particularly the accusation of forging his contract. He claimed that while he was hospitalised, the former chairperson of the Board made inquiries about the end of his contract, suggesting an intent to replace him without due process.
He argued that this, coupled with the repeated extensions of his suspension and the eventual dismissal, points to a broader pattern of misconduct and improper handling of his employment status.
Chuwe also dismissed the contention that he opted for private arbitration but was simply following the provisions of the contract with RTIA, which dictates that any issues dealing with dismissal or unfair labour practice must be dealt with through private arbitration in terms of the Arbitration Act, 1965.
As Chuwe seeks reinstatement and compensation, he emphasised the need for transparency and accountability within RTIA. His settlement proposal calls on the new Board to address his grievances and ensure that similar injustices do not occur in the future.
When Chuwe was dismissed, he left the RTIA with a surplus of more than R200 million but today, the Agency is tethering on the brink of bankruptcy, with a deficit of more than R63 million. For the last 3 years under Chuwe, the RTIA had achieved a performance rating of 87.5%, and two consecutive 100% achievement of their annual targets.
Since his dismissal, the RTIA has only managed 71%, 53% and 50% for the last three years, a clear sign of its deterioration, showing its lack of direction since Chuwe’s dismissal.
The outcome of Chuwe’s proposal remains uncertain, but his determination to seek justice underscores the importance of due process and fair treatment in the workplace. As RTIA faces this challenging period, attention will be focused on how the newly appointed Board responds to Chuwe’s claims.
sizwe.dlamini@inl.co.za