Former Prasa head of security fails to get job back in 7-year legal battle

A former Passenger Rail Agency of South Africa (Prasa) employee fired for misconduct has lost his legal battle to be reinstated.

Prasa’s former head of corporate security, Mkhuseli Michael Mtakata, has spent nearly seven years challenging his dismissal, taking his case through multiple legal avenues, including the Commission for Conciliation, Mediation and Arbitration (CCMA), Labour Court, and Constitutional Court (ConCourt).

Former head of security takes Prasa to court

Mtakata took up the position in June 2013 but found himself in trouble in October 2016 for issuing a defamatory media statement and disclosing internal Prasa matters.

He was dismissed in April 2017 after a disciplinary hearing found him guilty of misconduct, having received a one-month notice of dismissal in March.

The former Prasa employee immediately challenged the outcome at CCMA, citing unfair dismissal.

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Despite his case being premature since his termination had not yet taken effect, the CCMA proceeded with arbitration, ultimately ruling in Prasa’s favour in August 2017.

Unwilling to accept the outcome, Mtakaka took the matter to the Labour Court in September 2017, seeking a review of the CCMA’s decision.

However, due to procedural failures—including not filing a transcribed record of the arbitration—his review application was deemed withdrawn in February 2019.

He later attempted to reinstate it, but the court dismissed his application in September 2020, ruling that the CCMA had lacked jurisdiction from the start to conciliate the dispute.

Legal battle continues

Undeterred, Mtakaka filed a condonation application with the CCMA in October 2020, which was initially granted, but later rescinded after Prasa’s successful challenge.

He then sought to overturn this rescission, but the CCMA ruled against him in December 2021, finding that he had not properly referred his case.

His legal efforts continued into 2022 and 2023, with multiple review applications filed in the Labour Court — some later withdrawn without explanation.

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In December 2022, Mtakata sought direct access to the ConCourt, but his application was rejected in February 2023 on the basis that no case had been made out for direct access.

His most recent attempt came in June 2023 when he filed an urgent Labour Court application, only to withdraw it in October.

Three days later, he initiated a new case in the Western Cape High Court in Cape Town.

Former Prasa head of security asks for immediate reinstatement

In his application, Mtakata asked the high court to declare his disciplinary hearing “unlawful and invalid,” arguing that the panel overseeing the proceedings was “improperly and unlawfully appointed”.

He also sought an order compelling Prasa to pay all outstanding salaries and full benefits retrospectively from April 2017 to October 2023, along with immediate reinstatement to his former position.

Mtakata claimed urgency in his case due to Prasa’s decision to advertise the chief security officer position at its corporate office.

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While he argued that Prasa acted unlawfully in attempting to fill the post, his interdict application to halt the hiring process was dismissed in November 2023.

Opposing the application, the Prasa board and CEO Hishaam Emeran argued that Mtakata’s challenge came seven years too late, calling the delay unreasonable.

However, Mtakata maintained that since he was not seeking a review, there were no time constraints limiting when he could bring his application.

High Court judgment

In his ruling, Acting Judge Sheldon Magardie pointed out contradictions in Mtakata’s arguments, stating that he had undermined his own case.

“He cannot say ‘this is not a review and the delay rule does not apply’ and at the same time say ‘in the alternative, this is a review and my delay was not unreasonable’,” the judgment delivered 18 February 2025 reads.

Magardie further noted that Mtakata failed to provide any factual basis for his “generalised and speculative allegations” regarding the alleged unlawful appointment of the disciplinary panel.

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While Mtakata argued that his employment contract had never been terminated, the judge found this claim to be “simply inconsistent with the facts and his own version, which is that he was unlawfully dismissed”.

“The applicant’s employment has not been reinstated by any order of the CCMA or the Labour Court, these being the specialist tribunals established to determine the lawfulness of dismissal.

“The applicant has, therefore, failed to establish the existence of a valid contract of employment giving rise to an existing right capable of being determined in the form of declaratory relief.

“This conclusion is fatal to the relief sought for a declaration that the applicant’s contract of employment was never terminated.”

As a result, Mtakata’s application was dismissed with costs.