Free State premier, HOD found guilty for defying a court order

The Bloemfontein High Court has ruled that Free State Premier Joyce MaQueen Letsoha-Mathae and the provincial government Head of Department were in contempt of court.

after the duo had defied the court order and ended up being in contempt.

Letsoha-Mathae and her personally appointed HOD, Tumelo Phahlo, have been ordered to appear before the same court next week Thursday.

Ordered to appear in the same court

Acting high court judge Mahlangu stated that Letsoha-Mathae and Phahlo are in contempt of a court order issued on August 8. She stated this in her ruling delivered on Monday.

“The rule nisi issued by this Court on 8 August 2024 is confirmed. The first (Letsoha-Mathae) and second (Phahlo) respondents shall pay the costs jointly.

“A rule nisi is issued of which the first and second respondents are called upon to appear in person and in this Court on 5 September 2024 at 9h30 and provide cause why the following order should not be made.

“The first and second respondents shall be sentenced and sanctioned for this transgression. In such a way as the court may find it appropriate,” reads the judgment.

HOD swap matter at the heart of the dispute

The judge also stated that Mosa Masitha, the applicant in the matter, is employed as the HOD. She is the HOD of the department of Human Settlements for a period of five years. This is based on the employment contract which was concluded on September 1 2022.

Masitha approached the court to seek an interdict against the premier. The interdict is to restrain the premier from transferring her to the department of social development. Phahlo was the HOD at the department of social development. This is pending the finalisation of a review application aimed at setting aside Letsoha-Mathae’s decision to transfer her.

On July 30, the premier held a meeting with the Free State MEC for CogTA and Human Settlements Saki Mokoena. Also provincial director general Kopung Ralikontsane, together with Masitha and Phahlo. The meeting was regarding the transfer of both HODs to swap departments.


Masitha did not respond on whether she was in agreement to the transfer. However, the following day, she received a letter informing her that she was already moved. It indicated that she was moved from the human settlements to social development with effect from August 1.

However, Masitha made a note on the letter where she stated that she did not agree to be transferred.

Letsoha-Mathae’s imminent arrest

She approached the court and received a favourable judgment. The judgment could even see Letsoha-Mathae face jail time and removed from her position as premier due to the ANC step-aside rule.

Sunday World on Sunday reported about Letsoha-Mathae’s imminent arrest. Also about a revolt against her by her comrades due to her “dictatorship” leadership in government.

On Thursday, September 5, the premier and Phahlo will hear their fate for failing to adhere to the court order.

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