Toxic workplace allegations at Competition Tribunal remain unresolved

Serious allegations about the conduct of the chair of the Competition Tribunal remain unresolved more than a year after being brought to her attention and escalated to Minister of Trade, Industry and Competition Parks Tau.

In several correspondences to Tau, the National Education, Health and Allied Workers’ Union (Nehawu) described the workplace as toxic, characterised by bullying, harassment and intimidation by chair Mondo Mazwai.

More than 20 people, including tribunal members, have allegedly resigned over a five-year period.

Nehawu’s regional office has now taken up the matter, given the lack of progress in appointing a corporate culture specialist and resolving the concerns, 15 months after they were first raised.

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Ray Tshabalala, Nehawu’s regional leader, says nothing has happened.

“It is still persisting and there is no relenting on the part of the chair in terms of the allegations of her conduct towards staff members.”

Nehawu wrote to Mazwai in June last year, alerting her to concerns raised earlier by tribunal employees. They accused her of shouting at them and making belittling and humiliating comments.

‘Continued abuse’

The union proposed the appointment of a corporate culture specialist within 30 days to support and improve the working relationship between Mazwai and staff.

In September last year, the union escalated the matter in a letter to Tau, his deputy, and the director-general, citing the continued abuse of employees at the tribunal.

Nehawu sought urgent intervention over the “persistent and intolerable abuse, harassment and victimisation” of tribunal employees.

In the six-page letter, the union said Mazwai had failed to appoint a mediator, implement an anti-bullying policy or stop what it described as abusive and toxic conduct towards staff.

In December, further correspondence took place between Nehawu and the Department of Trade, Industry and Competition (dtic).

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In February, the minister wrote to Nehawu saying it was clear there was a “serious breakdown of trust and communication between the tribunal’s leadership and its employees”.

Despite the union calling for an independent mediation process, the minister asked Mazwai to restart the process of appointing an independent corporate culture specialist.

He asked her to involve the union in the process, including in drafting the terms of reference.

He also urged Nehawu and its members to co-operate fully with the process and continue engaging with the tribunal “constructively, in the spirit of mutual respect”.

In March and April this year, Nehawu engaged with the minister, expressing concerns about an apparent lack of transparency and meaningful engagement, asking for an update on the appointment of someone at the department to oversee the process.

Allegations ‘taken seriously’

Moneyweb approached the tribunal and the minister after the lack of progress was brought to our attention in late July.

The minister responded: “The matters raised in the letter (12 September 2025) are being attended to through the appropriate internal governance and administrative processes.”

He added: “As a matter of principle, the department and ministry take all allegations concerning employee wellbeing, workplace conduct, harassment, victimisation and governance seriously. Where concerns are raised, they are considered through the appropriate channels and in a manner that is consistent with the applicable legal and institutional frameworks.”

The tribunal also said it takes the allegations raised by Nehawu on behalf of its staff seriously.

“In response, the tribunal commenced a process of appointing a workplace culture specialist, in line with internal processes, to address the allegations. Nehawu also raised the allegations with the minister and a process to finalise the appointment of a culture specialist will be concluded in due course.”

No specific date has been given for the appointment. It is “underway”, the tribunal said.

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The tribunal currently has 28 staff members and three interns. An organisational review in 2022/23 proposed increasing the staff complement to 60, excluding tribunal members. It has two full-time tribunal members and three part-time members. The Competition Act allows for the appointment of a maximum of 14 members.

The Cape Gate lies

The conflict and administrative issues at the tribunal surfaced again this year when its Cape Gate cartel decision was remitted back to it by the Competition Appeal Court (CAC).

It took the tribunal six years to make that decision.

The panel members were apparently under the impression that Cape Gate and the Competition Commission were engaged in settlement negotiations.

Although staff members alerted the panel members and the chair that there were no negotiations, this was still cited as the reason for the inordinate delay.

Read:

Cape Gate cartel case heads to ConCourt

The CAC accepted Cape Gate’s argument that the parties had never negotiated a settlement and had repeatedly asked the tribunal to make a decision in the case.

The matter may proceed to the Constitutional Court after the commission asked for leave to appeal the CAC decision. The commission wants the Constitutional Court to reinstate the tribunal’s order and reasons.

Cape Gate is opposing the application.

“If the commission’s invitation is accepted, it will in all likelihood be the first occasion where a South African Court has permitted a dishonest decision by a quasi-judicial body to prevail in the face of a judicial review,” it says in papers before the Constitutional Court.

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