Free State Gambling, Liquor, and Tourism Authority (FSGLTA) CEO Kennilworth “Kenny” Dichabe had a hairbreadth escape as the Bloemfontein High Court halted his disciplinary hearing proceedings.
This comes after Dichabe filed an urgent court application at the high court on Friday.
Dichabe was due to appear for a disciplinary hearing on Wednesday on allegations of misconduct laid against him.
This includes overlooking fraudulent liquor licences distributed under his reign.
Legality of the suspension
The hearing was halted pending the outcome of the matter, questioning the legality of his suspension, which is also to be heard in the high court.
The respondents, being the FSGLTA and its chairperson, argued that it was within their power to proceed with the disciplinary hearing.
Moreover, they claimed that the board held a meeting in relation to the reputational damage faced on social media platforms.
“A report was compiled, which incorporated issues of fraud and corruption. The report then gave rise to certain decisions, including the charge sheet against the applicant and notice of the disciplinary hearing to be held on June 5, 2024.
“According to the respondents, the applicant clearly accepted that the board has a duty of care to exercise and investigate any wrongdoing by any member of the authority, including himself as CEO,” reads the document in part.
In the court documents, Dichabe claims that the decision by the board to suspend him and subject him to a disciplinary hearing was unlawful, as the board does not have the authority to discipline the CEO.
Only the MEC can fire Dichabe
Dichabe was appointed by Thabo Meeko, the MEC for economic and small business development, tourism and environmental affairs.
In this regard, he argues that only Meeko, in his capacity as MEC, would be able to terminate his term of office.
“Section 10 furthermore provides that the MEC is required to afford a board member an opportunity to state his or her case before a decision to dismiss a board member can be made,” reads the document.
Additionally, he feels that a disciplinary hearing could result in his termination, and since the board lacked the authority to remove him from his position, the MEC ought to preside over the hearing in light of his authorisation to do so.
If Dichabe is successful in challenging the unlawfulness of his suspension, he will return to work immediately.
