Former Transport Minister Dipuo Peters has landed in trouble again, this time after the Northern Cape High Court ordered her to pay legal costs from her own pocket after being slapped for the unlawful suspension of a municipal manager at the Sol Plaatje Local Municipality, where she currently serves as Speaker of Council.
The reasons for the judgement were made available on Wednesday by Acting Judge Thandisa Tyuthuza, who also ordered Sol Plaatje mayor Martha Bartlett to pay legal costs in her personal capacity.
Judge Tyuthuza set aside the precautionary suspension of municipal manager Bartholomew Serapelo Matlala, declaring both the council resolution and the suspension notice unlawful, null and void.
January 8 suspension unlawful, null and void
The matter arose from an urgent application launched by Matlala on January 13, 2026. In it he was challenging his precautionary suspension by the Sol Plaatje Local Municipality. On January 16, the Northern Cape High Court heard the matter on an urgent basis, dispensing with normal court rules on form and timeframes.
The court declared the suspension notice issued on January 8 unlawful, null and void. And it ordered Matlala’s immediate reinstatement. In a rare move, the court further ordered both political office bearers to personally pay the legal costs of the application. Reasons for the order were furnished on Wednesday after the respondents formally requested them.
“The ‘resolution’ taken by the respondents in the meeting on 8 January 2026 to suspend the applicant with immediate effect… is unlawful.”
The court found that Matlala’s earlier precautionary suspension had automatically lapsed by operation of law. This after the municipality failed to commence disciplinary proceedings within the prescribed three-month period.
Failure to follow due processes
At the heart of the judgment was the failure by Peters and Bartlett to afford Matlala the mandatory opportunity to make written representations. This as required by Regulation 6 of the Local Government: Disciplinary Regulations for Senior Managers, 2010.
“There can be no doubt that the respondents, in not affording the applicant an opportunity to make written representations, failed to comply with the audi alteram partem rule,” ruled the court.
Judge Tyuthuza rejected arguments that the suspension was justified by alleged disruptive conduct. She stressed that even serious allegations do not permit shortcuts around binding regulations.
“The respondents’ contention that its 8 January 2026 decision is lawful, rational and procedurally fair… is fallacious.”
The judgment records that both Peters and Bartlett were legally represented. They were warned about the peremptory nature of the regulations. But they nonetheless proceeded with the suspension.
“The manner in which the suspension of the applicant was conducted demonstrates a complete disregard for the applicant’s rights and the first respondent’s statutory obligations.”
Rare personal costs order
In imposing the rare personal costs order, the court found that both political office bearers had acted in bad faith. It also found that they had abused court processes.
“I am of the view that their persistence in suspending the applicant in the manner they did and in defending these proceedings is mala fide and an abuse of court process,” ruled Judge Tyuthuza. She said the costs order was necessary to safeguard public funds. And she noted that the unlawful conduct should not be borne by taxpayers.
A veteran ANC politician, Peters has enjoyed a career spanning local, provincial and national government. She entered parliament in 1994 and later served as an MEC in the Northern Cape. She then became Premier of the province from 2004 to 2009.
Peters went on to serve in Cabinet as Minister of Energy. Later she became Minister of Transport under the Jacob Zuma administration. Her national tenure later came under scrutiny during the State Capture inquiry. This particularly over governance failures at PRASA (the Passenger Rail Agency of South Africa).
She once governed the Northern Cape as premier. And Peters has now settled into local government as Speaker of the Sol Plaatje Local Municipality.
