Brief
Campaign for Free Expression seeks to join Prasa whistleblowers' Constitutional Court case
CFE argues the case has broader implications for freedom of expression and whistleblower protection.
By Felo News Desk · Published
The Campaign for Free Expression (CFE) has filed an application to be admitted as a friend of the court in the Constitutional Court case involving former Prasa officials Martha Ngoye and Tiro Holele, who were dismissed in 2021 after exposing alleged corruption at the state‑owned rail agency.
What happened
Ngoye, former legal head, and Holele, former head of strategy at the Passenger Rail Agency of South Africa (Prasa), were terminated in 2021. They sued Prasa in the Labour Court, which ruled their dismissal unlawful and ordered reinstatement and cost payment by Prasa. Prasa appealed to the Labour Appeal Court (LAC); while the LAC affirmed the unlawful dismissal, it set aside the reinstatement order and required the whistleblowers to pay Prasa’s legal costs. The pair then approached the Constitutional Court, which in December 2025 refused leave to appeal, stating the reinstatement issue was already settled.
What the reports add
Bizcommunity reports that in early 2026 Ngoye and Holele filed a fresh application asking the Constitutional Court to rescind its 2025 refusal, grant leave to appeal, and hear their arguments. The CFE’s executive director Nicole Fritz, in an affidavit, says the matter “extends beyond the interests of the immediate parties” and could affect freedom of expression and the treatment of whistleblowers. An activist group, #UniteBehind, has also applied to join the case as an amicus.
What was said
In the affidavit, Fritz said CFE will not contest the settled contract‑law issues but will highlight the “particular factual context” of the case, noting that two courts found the dismissals unlawful yet offered no real remedy and imposed cost orders that create legal uncertainty for potential litigants. She described whistleblowing as “an important manifestation of the right to freedom of expression.”
How it came about
The dispute stems from the whistleblowers’ 2021 allegations of corruption at Prasa, which triggered their termination. Subsequent court battles have oscillated between rulings of unlawful dismissal and procedural setbacks, prompting CFE and #UniteBehind to intervene in hopes of securing a broader constitutional interpretation that could protect future whistleblowers.
Key facts
- CFE applied to be amicus curiae in the Constitutional Court case of former Prasa whistleblowers (bizcommunity.com)
- Ngoye and Holele were dismissed in 2021 after exposing alleged corruption at Prasa (bizcommunity.com)
- Labour Appeal Court upheld unlawful dismissal but set aside reinstatement and ordered the pair to pay Prasa's costs (bizcommunity.com)
- The Constitutional Court refused leave to appeal in December 2025 (bizcommunity.com)
- Activist group #UniteBehind also applied to join the case (bizcommunity.com)
Sources
- [1] bizcommunity.com — originally reported as “Fired Prasa whistleblowers get backing in ConCourt”
