Public Protector seeks new evidence in Tshwane worker’s 12-year injury dispute

A Gauteng woman who says a workplace injury left her disabled 12 years ago has renewed hope of justice after fresh documentary evidence prompted the Public Protector and the Department of Employment and Labour to revisit her long-running battle for compensation and unemployment benefits.

Cindy Samantha Twala’s ordeal began in February 2014 when she reportedly slipped and fell while washing a vehicle at the Tshwane Metropolitan Police Department, wearing plastic sandals because her employer had not provided safety boots in her size.

Now, after years of medical treatment, financial hardship and unsuccessful attempts to secure benefits, the Public Protector has acknowledged receiving information it did not have when it closed her complaint in June 2025.

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“The main reason I fell was that they didn’t have safety boots in my size and I was wearing plastic sandals,” said Twala, who uses a wheelchair.

Public Protector spokesperson Oupa Segalwe confirmed that the watchdog was seeking additional information from Twala to determine whether her complaint should be reconsidered.

“We have noted from what we received from the Sunday World that there is new information that we did not have,” Segalwe said.

“We are trying to get hold of the complainant to obtain such information and for the purpose of reconsidering the case.”

Long term case receives attention

The development follows questions about medical records, a disputed employment termination and a settlement agreement signed at the Commission for Conciliation, Mediation and Arbitration (CCMA) in August 2016.

According to Twala, the agreement required the City of Tshwane to address her outstanding injury-on-duty and unemployment insurance matters within seven working days.

“Despite the settlement and subsequent enforcement steps, the underlying issues remain unresolved,” she said.

The municipality has confirmed that Twala’s workplace incident occurred on February 6, 2014, and was registered on its internal injury-on-duty system on June 18 that year.

The City said the incident was investigated on June 25 and that a signed employer’s accident report was issued. However, the compensation claim was not progressed because its injury-on-duty office had not received the required medical reports.

Documents examined by Sunday World include a municipal occupational health referral dated July 18, 2014, recording an alleged injury on duty, and medical reports completed at Kalafong Hospital in 2016 and 2017.

The municipality maintains that its occupational health records classify the referral as relating to a medical condition rather than an injury-on-duty referral. It is examining the discrepancy.

“The City does not attribute the failure to progress Ms Twala’s injury-on-duty claim solely to her,” the municipal media team said.

“The City acknowledges its employer reporting and recordkeeping responsibilities, which must be considered alongside the outstanding medical documentation.”

Twala’s employment records reveal another unresolved contradiction.

Municipal payslips reflect unemployment insurance deductions, while Department of Labour correspondence from May 2017 recorded her reason for leaving employment as “abscond”.

Classification disputed

Twala disputes the classification, maintaining that the CCMA settlement recorded incapacity instead.

She has produced a UIF illness-benefits continuation form bearing her signature and dated May 24, 2017, although the available copy does not establish when the completed document reached the UIF.

The City said it was retrieving historical payroll and labour relations records to establish what termination information was supplied, by whom and whether it was accurate.

Department of Employment and Labour spokesperson Teboho Thejane confirmed that the matter would be referred to relevant branches and entities for examination.

“The Department will determine the status and availability of historical records, the nature of any interventions that may have been undertaken previously, and whether there are outstanding matters that require further administrative consideration.”

Thejane said the department could not yet confirm the accuracy of the allegations and would provide a further response after examining the records.

The City also confirmed that Executive Mayor Nasiphi Moya had been unaware of Twala’s case until Sunday World’s enquiry brought it to her attention.

“The Executive Mayor was not previously aware of this matter, which dates back to 2014 and predates her term of office,” the municipality said.

Although the City said Moya could not personally intervene in employee investigations, it confirmed that she could request action from the City Manager if wrongdoing was established.

“The Mayor’s expectation is that any wrongdoing established must be appropriately addressed.”

The municipality has not committed to an independent investigation but says it will consider corrective measures if administrative failures are established.

For Twala, who says she has endured severe financial hardship since her salary stopped, the renewed attention offers the possibility of answers after more than a decade of unsuccessful attempts to resolve her claims.