The Department of Social Development has been ordered to reinstate former chief communications director Lumka Oliphant and pay her more than R1.5 million in back pay after a bargaining council ruled her dismissal procedurally and substantively unfair.
Oliphant is expected to return to work on November 1, after the Public Health and Social Development Sector Bargaining Council ordered her reinstatement without loss of benefits.
“The dismissal of the Applicant, Ms Lumka Oliphant, is procedurally and substantively unfair in terms of section 188 of the LRA,” the award states.
The council ordered the department to reinstate her retrospectively from the date of her dismissal, on the same terms and conditions of employment that applied at the time.
What led to Oliphant’s dismissal?
Oliphant was dismissed on October 17, 2025, after a disciplinary process. In a letter informing her of the decision, then director-general Peter Netshipale said she had been found guilty of misconduct after being given an opportunity to respond to the charges and make representations on the sanction.
Her dismissal followed her precautionary suspension in September 2025. The department said the suspension related to allegations of financial mismanagement during her time as acting deputy director-general for corporate support services in the 2024/2025 financial year, following concerns raised by the Auditor-General.
The suspension also came after media reports about former Social Development Minister Sisisi Tolashe’s R3 million trip to New York. Oliphant was accused of leaking information about the trip to the media, which she denied.
At the time, Oliphant described the action against her as politically motivated and alleged that tensions within the department had contributed to her suspension. The department maintained that its action related to allegations of misconduct and financial mismanagement
Her lawyers later challenged the disciplinary process, arguing that she had not been given adequate time to make representations on the sanction after being found guilty.
Oliphant thanks supporters after ruling
In a Facebook post, Oliphant said the ruling came a year and three days after her dismissal and thanked those who had supported her throughout the dispute.
“Exactly a year and 3 days! The Social Development and Health Bargaining Council has reinstated me with retrospective pay! I thought I’d be ready for this day but I am not,” she wrote.
She thanked supporters for their love, prayers and encouragement, saying she had never felt alone during the process.
“Your belief in my story. Not once did I feel alone. You prayed. You fasted. You encouraged,” she wrote.
Oliphant also referred to her mother’s prayer and thanked the National Education, Health and Allied Workers’ Union (NEHAWU) for standing by her.
“To NEHAWU! Wawukhona emzabalazweni! You have carried me during all seasons! Amandla! Ngawethu!” she wrote
Department ordered to pay R1.5m
The council ordered the department to give Oliphant back pay equivalent to 12 months’ remuneration, calculated at R1,535,516.04.
The amount must be paid in two instalments of R767 758.02 each.
The first instalment is due by November 15 and the second by December 15.
