Campaign for Free Expression applies to join PRASA whistleblowers Constitutional Court case
The Campaign for Free Expression (CFE) has applied to join a case in South Africa's Constitutional Court involving two former Passenger Rail Agency of South Africa (PRASA) executives, Martha Ngoye and Tiro Holele, who are fighting for reinstatement after being fired in 2021. CFE argues the matter has serious ramifications for freedom of expression and whistleblower treatment. PRASA is opposing the application.
Key points
- The Campaign for Free Expression applied to join the Constitutional Court case regarding fired PRASA whistleblowers.
- Martha Ngoye and Tiro Holele were dismissed in 2021 after speaking out on corruption at the state-owned entity.
- Activist organisation UniteBehind also applied to join the case in support of the whistleblowers.
- PRASA opposes the application, arguing it is an attempt to secure a second appeal.
What happened
The Campaign for Free Expression (CFE) has applied to act as an amicus curiae in a Constitutional Court case involving two former Passenger Rail Agency of South Africa (PRASA) executives, Martha Ngoye and Tiro Holele. The two were fired from PRASA in 2021 following their exposure of corruption at the state-owned entity. Activist organisation UniteBehind has made a similar application to join the proceedings.
In an affidavit filed by CFE executive director Nicole Fritz, the organisation stated that the matter extends beyond the immediate parties and carries significant implications for freedom of expression and the treatment of whistleblowers.
Context
Following their dismissal in 2021, Ngoye and Holele approached the labour court, which ruled their dismissals unlawful and ordered their reinstatement. However, the Labour Appeal Court (LAC) set aside the reinstatement order and directed the whistleblowers to pay PRASA's legal costs in both applications.
After the Constitutional Court refused leave to appeal in December 2025, the whistleblowers filed a rescission application in early 2026. CFE's intervention focuses on the constitutional significance of whistleblowing as an expression of free speech and the legal uncertainty created when individuals who successfully challenge unlawful dismissals are left without relief and burdened with legal costs.
What's next
The Constitutional Court has yet to rule on CFE's application to join the case. Chief Justice Mandisa Maya directed Ngoye, Holele, and PRASA to submit further written arguments. PRASA continues to oppose the rescission application, contending that it amounts to an impermissible second appeal.
Why it matters
The case highlights the legal and financial vulnerabilities faced by whistleblowers in public entities, carrying broader implications for freedom of expression and anti-corruption efforts in South Africa.
What we know
- The Campaign for Free Expression applied to join a case in the Constitutional Court involving PRASA whistleblowers Martha Ngoye and Tiro Holele.
- Martha Ngoye and Tiro Holele were fired from PRASA in 2021.
