The Limpopo High Court sitting in Polokwane has ruled the decision by Limpopo MEC for public works, roads and infrastructure, Ernest Rachoene, to disband the Limpopo Roads Agency’s (RAL) board of directors unlawful.
After his appointment as a member of the executive council, Rachoene wasted no time in removing the RAL board, replacing it with a one-man administrator, Moses Tseli.
Within a few days as an administrator, Tseli suspended RAL CEO Gabriel Maluleke.
In the suspension letter, Tseli claimed that RAL has received information that amounts to misconduct on Maluleke’s part.
Suspended with full pay
The letter reads in part: “In light of the seriousness [nature] of the allegations, your continued presence in the workplace might interfere with the investigations or witnesses and could potentially compromise RAL
“You are therefore suspended with full pay with immediate effect. You are required to hand over RAL laptops, cellphones, and any equipment for your use and you should hand over the office keys to the human resources or senior manager.
“Please note that the suspension does not in any way constitute a judgement on my part. It is merely a precautionary suspension in terms of clause 20.7.3 of the Human Resources Policy and Procedure Manual.”
In bid to have the suspension lifted, Maluleke filed an urgent application, which was heard in the high court.
“As I shall demonstrate, Rachoene, Tseli and Makhitha Chesane are acting in absolute disregard of the statutory prescripts that regulate the governance and control of the agency,” Maluleke said.
“The unlawful conduct commenced on July 31 and, unless proscribed by a court of law, will continue unabated.
“Since I was appointed as the CEO of RAL in 2020, I have managed the day-to-day affairs of the agency with the necessary skill and application.
“The agency received unqualified audits of its affairs and business under my leadership for the entire period of my tenure.
“However, on August 30, Tseli suspended me from duty without advising me of the reasons for such suspension. The suspension is unlawful and in conflict with the provisions of the Roads Act.
“Tseli does not have the authority or powers of the board of the agency. The suspension in any case lacks compliance with the provisions of the Roads Act in that no process was followed.”
Suspension unlawful
Judge Marisa Naude-Odendaal ruled that the suspension of the RAL CEO and board of directors was unlawful.
Naude-Odendaal ruled: “The purported dissolution of the board of directors of RAL by MEC Rachoene on July 31 was unlawful. The board of directors remains the governing and controlling body of RAL.
“The appointment of Tseli as the ‘accounting authority’ of RAL was unlawful and in conflict with the provisions of Limpopo Province Roads Agency Propriety Limited and Provincial Roads Act, 7 of 1998.
“The suspension of Maluleke by Tseli is unlawful, void and has no effect.
“Rachoene, Tseli, and Chesane are ordered to pay the costs incurred by Maluleke de bonis propriis on the scale as between attorney and client. The court rules that further or alternative relief be granted to Maluleke.”
RAL board chairman Matome Ralebipi said the board welcomes the court judgment and will abide by the law.
“We will henceforth engage all stakeholders, and work must continue as normal to serve the people of Limpopo with diligence,” said Ralebipi.
“We are just hoping that nothing unlawful happened when we were not around.”
Department decides to appeal
The spokesperson for the department, Emmanuel Mongwe, said Rachoene is baffled by the court judgment.
“The department has noted with disappointment and shock the order of the Limpopo Division of the High Court made on October 8 in the matter between Maluleke versus the MEC and others,” said Mongwe.
“Immediately after the outcome, the department consulted with its legal representatives for advice, and after consultation, an advise obtained from senior counsel is that the department decided to appeal against the order of the high court with immediate effect.”
One of the board members, who opted to speak on the basis of anonymity for fear of victimisation, said the disbandment of the board and the CEO’s suspension reeks of corruption.
“It is clear that the move to disband us and the unlawful suspension of the CEO were hastily executed to create fertile ground for corruption,” said the member.
“The MEC wanted his own people so that they could operate their corruption ring.”
