Dear Honourable Chairperson Mkhuleko Hlengwa,
I am writing to your esteemed office as a former public servant, whistleblower, and the direct victim of financial misreporting, institutional retaliation, and persistent governance failure at the hands of the Trans-Caledon Tunnel Authority (TCTA)—a public entity under the Department of Water and Sanitation (DWS).
I now formally request SCOPA’s urgent intervention into a matter that epitomises the abuse of public resources, systemic non-compliance with tax laws, and the ongoing erosion of accountability within a state-owned institution.
1. Background and Legal History
Between 2021 and 2025, I endured the following sequence of events:
| Year | Incident | Details
| 2021 | Whistleblowing Retaliation | After reporting a cyber breach on Oracle payroll, I was scapegoated and falsely accused internally.
| 2022 | Dismissal via Flawed Forensics | Dismissed based on a flawed Nexia report. A SAPS case was opened but later dropped by the NPA.
| 2023 | CCMA Ruling Ignored | The CCMA ruled in my favour on August 10, 2023. TCTA refused reinstatement and filed a Labour Court review (Case JR1609/23), deliberately delaying justice.
| 2024 | Settlement Breached | A final agreement was signed on May 2, 2024. Just seven days later, TCTA violated it by submitting Tax Directive 44963761 to SARS, declaring a false income of R735,116.61.
| 2025 | SARS Confirms Misreporting | SARS issued letters on May 12 and June 5, 2025, confirming that only TCTA can cancel or correct the directive. TCTA has since ignored all written requests for correction.
2. Violations and Irregularities Identified
A. Violation of PFMA and Public Trust
* Public funds were used to engage ENSafrica to oppose CCMA-mandated reinstatement, only for TCTA to settle and subsequently breach the agreement.
* Further ENSafrica costs were incurred post-settlement to obstruct SARS correction efforts and deny financial redress.
B. Tax Fraud and Financial Misreporting
* TCTA declared an imaginary income of R735,116.61 to SARS.
* This caused SARS to overtax me by R338,913.81—based solely on TCTA’s erroneous submission.
* SARS confirmed this in two formal letters, placing sole responsibility on TCTA to correct the directive.
C. Breach of Contract (Settlement Agreement)
* Clause 4.1 of the agreement obligated TCTA to submit accurate information to SARS.
* Clause 8.1 requires performance correction upon notice. TCTA has failed both these critical clauses.
3. Institutional Malice and Retaliation
Internal transcripts reveal that I was referred to as a “sacrificial lamb.” My then-manager, Mr. Gcobani Maqwati, authored a memo clearing my name—and was suspended and charged thereafter.
I have faced:
* False criminal accusations
* Reputational harm
* Denial of reinstatement despite CCMA victory
* Unlawful tax deductions
* Legal obstruction through publicly funded lawfare
4. My Escalation Efforts (All Ignored or Deflected)
I have exhausted all available avenues, yet TCTA remains defiant:
* SARS: Confirmed only TCTA can correct the directive.
* DWS: Acknowledged receipt but relied on misleading legal opinion from ENSafrica.
* AGSA: Complaint lodged (Ref: msf:1000004973).
* SIU: Referral submitted for Presidential Proclamation.
* National Treasury: Submission outlining PFMA violations.
* Parliamentary Portfolio Committee on Water and Sanitation: Submission filed.
* OUTA: Civil society escalation in progress.
5. Damages Suffered (Non-Monetary)
* Verified Over-Taxation
* Denial of Income Post-CCMA Ruling
* Breach of Contract
* Psychological Harm
* Procedural Injustice
* Loss of Reputation
* Exhaustion of Remedies & Legal Fatigue
6. Request for SCOPA’s Oversight Mandate
I respectfully call upon SCOPA to:
* Investigate the misuse of public funds by TCTA in pursuing obstruction instead of compliance.
* Summon TCTA, DWS, and ENSafrica to explain their roles in perpetuating this harm.
* Demand correction of Tax Directive 44963761 as per SARS’s formal request.
* Audit legal expenditure relating to CCMA opposition, post-settlement litigation, and public relations campaigns.
* Enforce PFMA, TAA, and Labour Law Compliance in this ongoing matter.
7. Attachments Available on Request
* SARS Letter – May 12, 2025
* SARS Directive Response – June 5, 2025
* Directive No. 44963761
* TCTA IRP5 (R0.00 income)
* Settlement Agreement – May 2, 2024
* CCMA Award – August 10, 2023
* ENSafrica Letter – April 1, 2025
* Internal Memo & Transcript – 2023
* Termination Letter – December 5, 2022
* SAPS & NPA Closure Notices
Closing Declaration
Ministerial oversight has failed. Departmental intervention has failed. SARS has done all it can. But the employer refuses to act.
I now turn to SCOPA—as the last line of public accountability—to ensure this matter receives the national attention and correction it deserves.
I remain available to testify, provide sworn affidavits, and assist any Parliamentary process.
Sincerely,
Rhulani