Tolashe wins legal battle over dismissed Chief of Staff

Minister of Social Development Sisisi Tolashe has secured a significant legal victory after the Labour Court dismissed an urgent application by her former Chief of Staff, Zanele Simmons. Simmons had challenged her recent dismissal from the Department of Social Development, but the court's decision firmly backed the Minister's stance and actions.

The matter began on 29 September when Simmons was suspended with full pay following serious allegations of gross misconduct. Among the charges were claims that she misused Minister Tolashe’s electronic signature and altered a staff member’s curriculum vitae without authorisation. The department labelled the suspension precautionary, citing compliance with Chapter 7 of the Senior Management Service Handbook.

Within a few days, on 3 October, Director General Peter Netshipale terminated Simmons’ contract, referring to a breakdown in trust and incompatibility with the working environment. The termination letter demanded the immediate return of all departmental property. According to the department, her continued presence in office had become untenable.

Simmons responded with an urgent application to the Labour Court, seeking immediate reinstatement and contesting the legality of the dismissal. However, the court rejected the application, ruling that Simmons had bypassed key dispute resolution channels such as the Commission for Conciliation, Mediation and Arbitration. The judgment made it clear that proper internal procedures must be followed before seeking judicial relief.

As part of the ruling, Simmons was ordered to pay legal costs. The court’s decision has been seen as an endorsement of the department’s internal processes and an affirmation of Tolashe’s leadership. For Tolashe, the court victory comes as a critical test of leadership. Insiders close to the Minister suggest tensions between her and Simmons had been building over several here weeks.

Tolashe, who is president of the ANC Women's League has made no secret of her goal to clean up the Department of Social Development. In a media statement on 14 October, the Department reiterated its commitment to ethical leadership. It stated that those in senior positions must uphold the highest standards of conduct and that violations would be met with firm consequences.

The department is now reviewing the fallout from the case, including whether further internal actions are necessary. Although the legal chapter is closed, administrative processes may still continue.

Attention now turns to who will replace Simmons. The Minister is expected to appoint a new Chief of Staff aligned with her values and capable of supporting her reform agenda.