This in reaction to the decision of the Commission for Conciliation, Mediation and Arbitration (CCMA) to order the PP's office to reinstate Hamilton Samuel back to his position - with R1,5 million in backpay - before 4 July 2022.

Samuel was fired by the currently suspended Public Protector, Busisiwe Mkhwebane, in 2020 during a disciplinary hearing that took place without his presence.

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Mkhwebane had charged Samuel with several allegations of misconduct, including charges related to the correspondence. This, after Samuel had written to Parliament, requesting that she must be investigated, and also pointing out some alleged financial mismanagement at her institution.

The PSA referred the matter to the CCMA and successfully won the case after the CCMA Commissioner discovered Mkhwebane had failed to prove that Samuel had breached in charges presented against him. According to a statement issued by PSA, the decision to fire Samuel was found to be substantively unfair.

Meanwhile the PSA stated that the ruling is a victory that ensures fair treatment for employees who are subjected to victimisation and unfair treatment by employers.

OFM News