Dear Honourable Chairperson and Members,

I am writing to urgently request your oversight and intervention regarding serious governance and compliance failures by the Trans-Caledon Tunnel Authority (TCTA). These failures have caused significant financial prejudice and reflect systemic mismanagement within this state entity.

Specifically:

Pension Misclassification:
TCTA instructed Old Mutual to classify my pension withdrawal (Directive 34200229) as a “resignation,” despite my dismissal on 5 December 2022. This misrepresentation caused a tax loss of R64,227.50. Old Mutual confirms it acted on TCTA’s instruction.

False Payroll Reporting:
TCTA submitted false 2025 payroll data to SARS, declaring R735,116.61 as income after my dismissal. This inflated my income and triggered additional tax liability.

Settlement Agreement Breaches (Case JR1609/23):
Following a CCMA reinstatement award, I entered a Settlement Agreement with TCTA on 2 May

2024. TCTA has breached several clauses, including:

Failure to apply for an accurate SARS tax directive within 7 days (Clause 4.1),

Misreporting the settlement as “other income” without applying the severance exemption (Clause 8.1),

Resulting in an avoidable tax liability of R819,246.45.

Obstruction by ENSafrica (TCTA’s legal representatives):
ENSafrica has persistently opposed factual evidence and denied liability, all at public expense. Their conduct has frustrated fair resolution and misused legal resources to shield TCTA from accountability.

Despite my efforts to resolve these matters through direct engagement, regulatory complaints (e.g., to the Information Regulator), and preparation for SARS objections, TCTA continues to delay and deny, compounding my financial harm and obstructing justice.

I therefore respectfully request the Portfolio Committee to:

1. Investigate TCTA’s non-compliance with tax, labour, and pension laws, and their repeated breach of the 2024 Settlement Agreement.

2. Summon TCTA to produce:

All documentation submitted to Old Mutual related to Directive 34200229,

IRP3(a) payroll directive and justification for the R735,116.61 income reported,

Proof of compliance with the tax directive and severance exemption process.

3. Recommend disciplinary and governance reforms to prevent further misuse of legal processes and financial mismanagement.
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4. Facilitate a corrective process with TCTA, Old Mutual, and SARS to address the pension and payroll misreporting, resolve tax directive errors, and remedy the financial loss.



Supporting documents (Settlement Agreement, tax directives, correspondence, and complaint records) will be submitted upon your request.

This matter reflects not only my personal loss but broader governance risks within TCTA that must be urgently addressed. I trust in the Committee’s oversight mandate and commitment to accountability in public institutions.

Yours faithfully,
Rhulani Myambo

Email: rhuclif@gmail.com | Phone: 078 589 4704