‘Not My Job?’ Labour Appeal Court Backs Dismissal of Warden Who Refused to Escort Sick Inmate

The refusal to help a seriously ill inmate has ended a long-serving warden’s career and sparked a renewed debate about duty, discretion and discipline in South Africa’s correctional system.

A Hospital Run That Ended in Court

What started as a routine hospital escort request has turned into a landmark labour ruling, with the Labour Appeal Court siding with the Department of Correctional Services (DCS) in a case that pitted employee discretion against institutional responsibility.

TD Kutu, a former warden at Atteridgeville Correctional Centre, was dismissed in August 2019 after refusing to escort a gravely ill inmate to Kalafong Hospital. Despite contesting the dismissal in multiple legal forums, his efforts to return to work have now come to an end.

The Incident: Birthday Excuse, Then Lunch Break

It all unfolded in July 2018, when a prison clinic contacted unit manager Malungwana requesting urgent transportation for an inmate suffering from a kidney and bladder condition. Malungwana, upon encountering Kutu in the corridor, asked him to assist.

Kutu allegedly refused, stating that it was his birthday and he would be knocking off at noon. But when Malungwana checked HR records, he found Kutu’s birthday was actually in September. Upon confrontation, Kutu revised his excuse, saying he had confused it with his wife’s birthday.

Still, he refused the instruction, saying he was going for lunch.

Initial Dismissal and Labour Court Reversal

Kutu was found guilty of insubordination at a disciplinary hearing and dismissed. He challenged the outcome at the General Public Service Sector Bargaining Council, where the arbitrator sided with the employer, calling his actions a serious breach given the inmate’s medical condition.

However, when Kutu took the matter to the Labour Court in Johannesburg, the judge found that immediate dismissal was excessive, noting his 17 years of service and a lack of evidence that he was a repeat offender.

The court reinstated him with a final written warning.

The Appeal: DCS Strikes Back

Unsatisfied with the Labour Court’s leniency, the DCS appealed the decision to the Labour Appeal Court, which handed down its ruling this month. Judge Portia Nkutha-Nkontwana found that the Labour Court had overlooked crucial evidence, namely, that Kutu already had three disciplinary warnings, including one for insubordination.

“The evidence about his prior warnings was not seriously challenged,” Judge Nkutha-Nkontwana said.

The court overturned the reinstatement, affirming that dismissal was appropriate given the seriousness of the offence and Kutu’s disciplinary track record.

The Bigger Picture: What Counts as a ‘Reasonable Instruction’?

Kutu’s defence largely rested on semantics. He claimed that his manager asked him to “assist” rather than giving a direct order, and therefore believed he had discretion to refuse.

But the courts found that, as a correctional officer, escorting inmates to hospitals or courts was a core duty and the wording of the request didn’t nullify his obligation.

Public Reaction: Sympathy or Slack?

Reactions online have been split. Some users expressed sympathy, calling the dismissal “harsh” and pointing out that many government employees with far worse records keep their jobs. Others were more blunt.

“You’re trusted to protect lives, not clock-watch,” one user posted on X.
“If the inmate had died, we’d be having a very different conversation.”

The ruling also sparked discussions about discipline and professionalism in the public sector, with many arguing that service delivery begins with accountability, especially in systems where vulnerable people are under state care.

A Hard Lesson in Responsibility

This case is more than just a labour dispute. It’s a cautionary tale about the limits of discretion, the seriousness of duty in custodial roles, and how a moment’s refusal can end a career.

For correctional officers across South Africa, the message is clear: when life and responsibility intersect, there’s no room for excuses, birthday or not.