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NAFAS Boss Fails in Bid to Be Reinstated

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NAFAS Boss Fails in Bid to Be Reinstated

NAFAS Boss Fails in Bid to Be Reinstated. The former CEO of the National Student Financial Aid Scheme (NSFAS), Andile Nongogo, faced a setback in his attempt to be reinstated after his contract termination in October of the previous year. The termination followed an investigation conducted by Werksmans Attorneys and advocate Tembeka Ngcukaitobi.

Background of the Termination

Nongogo contended that his dismissal lacked due process, asserting that he was terminated without undergoing a disciplinary procedure. The NSFAS board had taken swift action, citing policy breaches and a loss of trust as the grounds for his immediate removal.

Allegations and Counter-Accusations

Following Nongogo dismissal, a series of allegations and counter-accusations emerged between him and board chairperson Ernest Khosa. A forensic report implicated Nongogo in alleged corruption, fraud, and illegal tender dealings, intensifying the dispute.

Contract Details and Investigation

Nongogo entered into a fixed-term contract with NSFAS in November 2020, slated to run until November 2025. In August of the following year, the board placed him on special leave due to potential conflicts of interest in the appointment of service providers for student allowances. Werksmans Attorneys and Ngcukaitobi were appointed to investigate these allegations.

Legal Challenge and Request for Reinstatement

Nongogo, in court papers, argued that his termination breached his contract, seeking reinstatement as the only remedy to uphold the terms of his employment. He emphasized the disregard for rules, deeming it a violation of his contract and an affront to the rule of law and public policy.

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Court Decision

Acting Judge MB Mahalelo, in assessing Nongogo contract, concluded that the CEO was not intended to be subject to the disciplinary policy outlined. The judge emphasized that the CEO could only be disciplined by the board, and the disciplinary policy did not necessitate a formal hearing. As a result, the court dismissed Nongogo application for reinstatement, indicating a failure to establish a compelling case.

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Conclusion

Andile Nongogo bid for reinstatement as NSFAS CEO faced a legal setback, with the court dismissing the application. The judgment highlighted the absence of grounds for a formal disciplinary hearing, leading to the denial of Nongogo’s plea for urgency.

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