Johannesburg — THE law can work for whistleblowers, but institutions must embrace their positive role , says the Open Democracy Advice Centre (Odac ).

This follows the case of a medical practitioner who exposed the poor healthcare facilities at Pollsmoor Prison in Cape Town last year and was suspended from his position .

Paul Theron went to the Labour Court in November to apply for reinstatement to his position as senior medical practitioner at Pollsmoor Medium A.

In December, the court ordered the correctional services department to allow Theron to return to work in Pollsmoor as a sessional doctor. However, the prison did not allow him back.

Theron then launched an application in the Cape High Court, asking for a declaration that the department and the minister were in contempt of a court order for his reinstatement.

On Friday, Theron settled his case against the correctional services and health departments. The departments withdrew their application for leave to appeal against a judgment obtained by Theron, permitting him to return to Pollsmoor. They have agreed to pay most of his legal costs.

Theron has accepted a position with the health department at Robbie Neurock Day Hospital.

He said he had stopped the health department from disciplining him for exposing the poor healthcare facilities, and got an order allowing him to work at Pollsmoor.

However, Theron said he could not "work at Pollsmoor without the full co-operation of the c orrectional s ervices department. I accept that in the present circumstances that co-operation will not be forthcoming. "

Odac CEO Alison Tilley said, "Without culture change, success in court does not necessarily translate into the whistleblower returning to work."