The director general of the Free State provincial government Kopung Ralikontsane has filed an urgent application in the Pretoria High Court to set aside Public Protector Kholeka Gcaleka’s adverse findings against him for the R5.9-million he spent on the funeral of the MEC for education Tate Makgoe.
Ralikontsane also wants to interdict Premier MaQueen Letsoha-Mathae from using Gcaleka’s findings to charge him.
Makgoe and his boydguard Vuyo Mdi were killed in a car crash in 2023 on the N1 in Winburg, a few kilometres from Bloemfontein.
Gcaleka was requested to investigate the matter around the joint funeral of MEC and his boydguard and released her report on June 30.
She pointed out that the appointment of a Bloemfontein events and management company, C-Squared which organised both funerals, was irregular. .
The funeral cost the government R5.9-million.
In his affidavit, Ralikontsane pleaded with the court to have the findings of the Public Protector reviewed and set aside.
“The Public Protector’s report is irrational because, in her findings, she mentions that R5.9-million for a funeral is unreasonable and could not have been the intention of the policy without stating the ‘reasonable’ amount in the circumstance. The Public Protector fails to explain the benchmark she used as a yardstick to measure a reasonable amount for the funerals of both Makgoe and Mdi,” Ralikontsane stated in his affidavit.
He stressed that Gcaleka did not mention items she deemed unreasonably excessive for the funerals. He pointed out that the Public Protector also failed to mention which items were overcharged and resulted in the amount paid to C-Squared to be more than what was supposed to be spent.
Ralikontsane found himself entangled in the drama surrounding the funeral after DA provincial leader Roy Jankielsohn questioned the costs involved and complained to the Public Protector.
Ralikontsane said Gcaleka had not allowed him the chance to tell his side of the story.
He also asked the court to interdict the premier from implementing remedial action against him, pending the finalisation of the review application.
“Should the premier implement the remedial action as provided in the report by taking disciplinary action against me in light of the irrational and unprocedural findings, I might be dismissed from my job. If disciplinary action against me is taken and I get dismissed, I will not have an opportunity to challenge the Public Protector’s report as the remedial action would have been implemented.” Ralikontsane added that he met with Letsoha-Mathae on July 22, where he stated that the premier indicated to him that she was taking legal advice on the Public Protector’s report.
Insiders in the office of the premier claim Letsoha-Mathae and Ralikontsane are not seeing eye to eye over the reshuffling of heads of departments.
“The tension between Ralikontsane and MaQueen is very thick. Ba lwana batho bao (they are fighting). Now their war will be bad after this Public Protector’s report,” said the insider.
Public Protector’s spokesperson Khulu Phasiwe said the Free State premier has written a letter to the Chapter 9 institution, committing to implement the remedial actions against the DG.
“Remedial actions will remain implementable and binding unless interdicted by a court of law. The PPSA is in the process of considering the substantive merits of the application by the outgoing
DG and shall thereafter determine the appropriate steps in the further progression of the matter,” said Phasiwe.
