THE Portfolio Committee on Justice and Constitutional Development has raised concerns about a commissioner of the South African Human Rights Commission who resisted efforts to find a solution to ongoing infighting in the commission’s office in KwaZulu-Natal. 

Commissioner Philile Ntuli is also implicated in another squabble taking place at the commission’s Western Cape office. 

It was alleged that Ntuli was causing a toxic working environment in the Durban-based office by undermining and acting in a racially discriminatory manner towards members of the staff. 

“During the engagement with staff, they repeated what they had included in a written complaint to the committee – complaints against Ms Ntuli of racism, sexism, bullying, and interference with procurement processes,” said committee chairperson Xola Nqola. 

The committee visited the Durban office this week after receiving numerous complaints from staff members, including provincial manager Tanuja Munnoo, only to encounter defiance from Ntuli. 

The committee started receiving complaints from the commission’s staff members last year, and then in November, it took a resolution to visit all provincial offices. 

Munnoo told the committee that Ntuli accused her of practicing witchcraft.

When contacted, commission spokesperson Wisani Baloyi said he did not think the commission would be able to respond to written questions since it was the weekend and the commissioners had various engagements. 

Nqola said the working environments at the KwaZulu-Natal and the Western Cape offices were so toxic to the extent that the commission was unable to execute its duties to protect the rights. 

“We listened to both parties. The office is collapsing and we thought an interim solution would be to move Ms Ntuli to one of the other provinces.

“Ms Ntuli did not agree to the committee’s request, saying that this was ‘a campaign by the staff to taint her good name’. 

“She said it would be inappropriate and unfairly disadvantageous to herself to be removed from the KZN office,” said Nqola.

He said it was the committee’s duty to protect the rights of the workers of the commission. 

During the committee’s engagement with the staff in KwaZulu-Natal, some repeated what they had said in a written complaint to the committee. 

Munnoo told the committee that she reported Ntuli’s behaviour to SAHRC Chairperson, Rev Chris Nissen, who allegedly promised to address them. 

“The committee heard that Ms Ntuli undermines Ms Munnoo and allegedly also accused her of witchcraft.

“Nine other staff members of the SAHRC in KZN supported Ms Munnoo’s version and elaborated on the strain in the office and the impact it has on the work of the SAHRC,” he said.

Nqola said that when the committee visited the Western Cape office, it found that the infighting had caused low morale among workers, the majority of whom had serviced the commission for many years and were now no longer utilising their institutional knowledge, the situation that was reflected on the commission’s annual report. 

Western Cape Commission’s provincial manager, Zena Nair, also complained about being victimised. She told the committee that she experienced this on her return to work after being off for about a year for medical reasons. 

“She confirmed that five staff members have instituted a collective grievance against her, mainly relating to her management style and the work environment.

“Ms Nair also confirmed that there are divisions in the office and concurred with the general view of a ‘toxic environment’ in the institution. 

“This is mainly due to some staff not wanting to work and some who were against her appointment as provincial manager,” said the committee in a statement issued in December last year. 

The committee was told that in its meeting with members of the SAHRC, it was told that the Western Cape staff had developed low morale because of “a rigid management style, saying it is difficult for them to come to work every day”.

“One staff member accused Rev Nissen and Commissioner Philile Ntuli of misconduct and called for a Section 194 Enquiry to remove them from office.

“Other staff members opted not to speak about the challenges, while some felt that despite the challenges, they are there to work and are able to engage with Ms Nair when they do not agree with her,” read the committee statement.

Nqola said although the committee suggested that Ntuli vacate the KwaZulu-Natal office, it had not come up with an alternative province for her to go to. 

“But definitely not KwaZulu-Natal and Western Cape office,” he said. 

He said the commissioners should be based in the national office, but some of them argued that being in certain provinces allowed them to work efficiently in terms of consulting with communities. 

He said having commissioners based in provincial offices had proven effective in other provinces but not in KwaZulu-Natal. 

“There is nothing called provincial commissioners because there is only one commission, which resides in the national office.

“Hence we are asking why we have commissioners in the provinces, they explained and we understood.

“It does look like in the KZN arrangement, we have a problem,” he said.   

He said the commissioners who do not have problems in the provinces they were based would not be removed.  

bongani.hans@inl.co.za

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