Election fraud whistle-blower demands job back
● She saw ballot boxes hidden in a toilet ● Was then fired for disclosing sensitive information
Aformer public service employee who was fired for disclosing alleged fraud information about ballot boxes hidden in a toilet during 2019 general election in Gantsi wants her job back.
Tlhalefang Kolobetso, a cleaner at the time for Gantsi District Commissioner, was charged for contravening the Public Service Act (PSA) and later dismissed from her work on June 30, 2021 after going through a disciplinary hearing.
She was accused of wilfully disclosing confidential information, contravening Section 27 (3) (i) of the PSA, which bars public servants from wilfully disclosing confidential information where such disclosure had not been authorised by the government or pursuant to any law or court order or was likely to be detrimental to the interests of the employer.
Through her attorneys, Collins Chilisa Consultants, Kolobetso this week challenged the lawfulness of her dismissal from the public service before the Maun High Court and sought to be reinstated with payment of all emoluments backdated to the time of her dismissal.
She wanted the decision of the permanent secretary in the Ministry of Presidential Affairs, Governance and Public Administration reviewed on the basis that it was irrational and that the disciplinary action was not prompt.
Kolobetso’s lawyer, Charles Batsalelwang argued that the decision to dismiss her was irrational and ought to be reviewed. “The disclosure related to information concerning and relating to the conduct of the national general elections, which are managed by the Independent Electoral Commission (IEC), a body that is independent from government. The election material was not placed before Mooketsi Lesetedi as district commissioner or under his office as an employee of government, but the electoral material was placed before him as an independent contractor of IEC,” he said.
He explained that there was no prior permission required by a citizen to report any mishandling of electoral material or suspected corrupt practice relating to electoral material. Batsalelwang emphasised that there is a duty bestowed in every citizen to disclose where they have suspicion of impropriety on how the general elections were conducted and that citizens have a civic duty to report any crime or suspected crime that they witness.
He pointed out that disclosing how the returning officer handled electoral material was not detrimental to the interest of the employer unless if the employer was IEC.
“It is not confidential that the electoral material is in the custody of the returning officer as such is provided for in the Electoral Act.
Therefore, she did not disclose confidential information. The disclosure of any suspected act of corruption can never constitute a breach of confidentiality,” he said. The lawyer also said every citizen has civic duties to disclose any suspected corrupt practices whether by one’s supervisor or independent contractor to the IEC and that his client did not contravene any Act.
On the disciplinary hearing, he said the PSA required that action must be taken promptly and that in the case, the employer became aware of the alleged misconduct on October 2019 and was only charged on June 6, 2020. He said the amount of time that it took to prefer charges against his client was extremely unreasonable and there was no explanation for such dilatory conduct.
“It took a year after she was charged for disciplinary process to be completed. It was not prompt and thus in contravention of the PSA,” he explained. The State opposed the application on grounds that the applicant violated the PSA by disclosing information gained during the course of her duty.
Permanent Secretary (PS), Pearl Ramoroka said the applicant disregarded the warning not to share the sensitive information with any other person.
“She wilfully shared the information without prior authority from the relevant authorities. She disobeyed reasonable orders given to her by a senior officer. It was specifically spelt out to her that for security reasons, disclosure of such information had the potential to disrupt peace in the country,” she said.
She denied that the disciplinary proceedings were conducted as soon as investigations were completed and that immediately after thorough investigations were conducted, the findings were analysed and a charge was preferred against the applicant.
At the back of the case in court papers is that prior to Kolobetso’s termination of contract, she was a cleaner and on October 28, 2019 while cleaning Lesetedi’s office, she went into his office toilet to clean and then found five transparent boxes containing used elections ballots.
Lesetedi then later questioned her whether she had seen the ballot box in his office and was threatened that she will be fired should she tell anyone about the ballot boxes.
“Acting in disbelieve and shock, I shared the information with the friend, Segomotso Mhaladi who is also a public servant. On June 1, 2020 I was charged with contravention of Section 27 (3) (i) of the Public Service Act.
The charge letter also invited me to respond to the charges in writing.
Pursuant to the invitation, I replied by letter further particulars of the charge,” read the papers. Kolobetso explained that the author of the disciplinary charges elected to remain mum about the request for further and better particulars despite acknowledging receipt of the said letter.
At a disciplinary hearing convened on June 18, 2020, she was required to answer to charges leveled against her, and the hearing was adjourned to continue on July 28, 2020 and upon conclusion of the hearing the chairperson of the disciplinary hearing recommended dismissal on June 28, 2020.
“On June 12, 2021 the PS communicated her intention to dismiss me, and requested that I make representations to that effect. In response, through my trade union, requested minutes to the disciplinary hearing. Consequently, I was summarily dismissed through a letter dated June 3, 2021,” she said.
Judgement is scheduled for May 9, 2022.