Health Minister Aaron Motsoaledi has confirmed that former CEO of the National Health Laboratories Service (NHLS), Joyce Mogale, has yet to pay back a staggering R22 million judgement debt stemming from her unsuccessful challenge against her dismissal.
This emerged in a response to a parliamentary question by DA MP Michele Clarke, who inquired about the timeline for Mogale's repayment of the amount ordered by the Labour Court in September 2024.
“The former CEO has not paid the R22 million judgment debt granted in favour of the NHLS on 13 September 2024,” Motsoaledi said.
He disclosed that Mogale has since filed a notice of leave to appeal.
“The former CEO filed and served a notice of leave to appeal to the Constitutional Court after the Labour Appeals Court denied her request for leave to appeal on 5 February 2025,” Motsoaledi said.
Mogale’s legal battle stemmed from a defunct court application she instituted in the Labour Court along with the estate of former NHLS employee Sikhumbuzo Zulu.
Mogale, who was suspended in February 2017, was dismissed following the conclusion of disciplinary hearings in May 2019 in connection with the awarding of tenders.
Mogale and Zulu launched proceedings in the Labour Court contesting the fairness of their dismissals while the NHLS launched a counterclaim for damages.
Zulu passed away before the commencement of trial proceedings in May 2021.
Mogale and Zulu were charged in connection with the awarding of contracts to Blue Future Internet and Surveillance, Afrirent and DV8 Consulting.
Mogale was accused of exceeding her delegated authority, irregular payments and irregular appointments while Zulu faced charges of irregular appointment and irregular expenditure.
The court found against Zulu and Mogale, saying they were liable to the damage suffered by the NHLS.
It ordered that Mogale and Zulu’s estate were jointly liable to pay NHLS R342 545 for the DV8 Consulting contract.
It also found Mogale liable to pay the NHLS R22 135 346 for the difference between Bid Adjudication Committee approved and what she was recommended to sign R7.3m and R14.5m penalties levied due to her signing of the addendum to the Afrirent contract
Clarke asked Motsoaledi about steps that have been taken to ensure that the payment was made and whether pension monies deducted from employees have been consistently been paid over to the Government Employees Pension Fund.
Motsoaledi said the NHLS has obtained a writ of execution on 12 November 2024, instructing Alexander Forbes Retirement Fund, as the administrator of the NHLS pension fund, to withhold R1.7 million from Mogale’s pension fund.
“Confirmation was received from Alexander Forbes that this amount will be paid to the NHLS, as the former CEO has reached retirement age and the pension funds are now due and payable. “Additionally, a writ of execution will be obtained for the sale of her movable and immovable property to satisfy the remaining balance of the judgment debt once the R1.7 million is paid to the NHLS,” he said.
Motsoaledi also said the NHLS has confirmed that pension deduction from employees had been consistently paid to the Government Employees Pension Fund.
“The NHLS has never missed paying pension monies to the Government Employees Pension Fund.”