Free State Gambling, Liquor, and Tourism Authority (FSGLTA) CEO Kennilworth Dichabe has approached the Bloemfontein High Court to challenge his suspension.
Dichabe was placed on precautionary suspension in April, pending an investigation into allegations of misconduct.
He is accused of failing to ensure that the organisation is not exposed to corruption.
It is alleged that while he was at the helm of the board, fraudulent liquor licences were dished out by the organisation.
In his urgent application, he urges the court that the FSGLTA, which is listed as the first and second respondent, and the third respondent, the MEC for economic and small business development, tourism, and environmental affairs, should halt the disciplinary hearing against him pending relief to part B of the matter.
Part B seeks relief as the applicant alleges that his suspension was unlawful.
No authority to suspend
“It is declared that the second respondent does not have the authority to suspend and discipline the applicant,” read the court papers.
“It is declared that the disciplinary proceedings instituted against the applicant on May 16, 2024, are unlawful and hereby set aside.
“The first respondent is ordered to pay the cost of this application on an attorney and client scale.”
In the letter that Sunday World has seen, Dichabe was suspended on allegations of misconduct.
In the suspension letter, Dichabe is informed that an investigator would be appointed to look into the corruption allegations and that he should not return (to the office) until the matter had been finalised.
“Gross misconduct in that between 2020 and date, while you were the CEO of FSGLTA, numerous fraudulent liquor licences and/or communication that liquor licences were approved by the board [and] were issued to customers, whereas such information was false.
“In that, you, as the accounting officer, appear to have failed to exercise a duty of care expected of you to ensure that the entity is not exposed to corruption and manipulation,” reads the letter in part.
Independent investigation
Dichabe was instructed not to make contact with the employees of the FSGLTA, including customers and stakeholders.
The immediate suspension meant that Dichabe should immediately pack up and vacate his office, but he would be eligible for his full salary and benefits during the suspension.
“The suspension, amongst others, requires you not to report for active duty, do any work, or attend any event at the employer’s premises or patrons for the duration of your suspension,” reads the letter.
Thabo Meeko, the MEC for tourism, said the department would institute an independent investigation into the matter.
The investigation would cover two financial years between 2022/23 and 2023/24.
