Rachel Kolisi’s legal battle over leadership and governance

Rachel Kolisi, co-founder of the Kolisi Foundation, is challenging the very organisation she helped build, bringing into question leadership dynamics within non-profits and the realities of workplace disputes in high-profile institutions.

Rachel Kolisi: A resignation that wasn’t just about stepping down

Kolisi’s exit from the Foundation was initially perceived as a personal decision, particularly given her ongoing divorce from Springbok captain Siya Kolisi. However, her recent legal action suggests deeper governance and workplace issues.

On 25 March, she lodged a claim with the Commission for Conciliation, Mediation and Arbitration (CCMA), alleging constructive dismissal under section 186(1)(e) of the Labour Relations Act. This claim asserts that the working environment became so intolerable that she was left with no alternative but to resign.

The challenge of proving constructive dismissal

Constructive dismissal is a legally complex issue in South Africa. It occurs when an employee resigns due to unbearable working conditions caused by their employer, making it, in effect, an unfair dismissal. The burden of proof is on the employee, who must demonstrate that no reasonable person could have continued in the role under the given circumstances.

Legal precedents, such as Murray v Minister of Defence and Jooste v Transnet, set a high bar for proving these claims. Courts assess whether the employer’s conduct, in its entirety, made continued employment impossible. This could include unilateral demotions, persistent exclusion from decision-making, or a toxic work environment.

Rachel Kolisi and the governance factor

The Kolisi Foundation operates under a board structure, where the CEO answers to board members drawn from legal, sports, and business circles. Among them are Hannah Sadiki, chair of the foundation and CEO of Bidvest Financial Services, and Mahlatse Mashua, Managing Director at Roc Nation Sports International South Africa.

While Rachel and Siya Kolisi co-founded the organisation, the board holds significant decision-making power. This structure can sometimes lead to tensions, particularly if differences emerge over strategic direction or leadership approach. The breakdown, according to Rachel’s complaint, occurred on 28 February 2025, a date likely marking a critical point in escalating tensions.

What Rachel Kolisi wants next

According to Daily Maverick, in her CCMA referral, Kolisi is seeking “reinstatement and/or compensation.” This suggests that, under different circumstances, she would have preferred to continue in her role.

The case will first go through conciliation, where both parties have the opportunity to negotiate a resolution. If no agreement is reached, it could move to arbitration, where an official ruling will be made.

A wider issue in the workplace

While Kolisi’s case is high-profile, it highlights broader systemic issues in South African workplaces. Many employees facing constructive dismissal do not have the resources or platform to fight back. Often, workers endure difficult conditions rather than challenge their employers due to fear of victimisation or uncertainty about their legal standing.

As the legal proceedings unfold, this case could bring renewed attention to how leadership structures and workplace cultures impact employees—even at organisations dedicated to public service. For the Kolisi Foundation, it’s a moment of reckoning not just for its leadership, but for how it navigates accountability and governance moving forward.