Free State High Court Issues Interdict Against Premier’s Decision to Reassign Masitha

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Mosa Masitha HOD for Free State Human Settlements Department

IN PICTURE| Mosa Masitha HOD for Free State Human Settlements Department

By Thabo Mosia , Assistant News Editor, E-mail: newsroom@centralnews.co.za


The Free State High Court has intervened in the controversial transfer of Mosa Mary Masitha, ordering an immediate halt to her reassignment from the position of Head of the Department of Human Settlements to the Department of Social Development. This move, initiated by Premier Maqueen Letsoha-Mathae, has sparked legal battles and raised questions about the motives behind the decision.


On the 8th of August 2024, Honourable Judge PE Molitsoane of the Free State High Court issued an urgent interdict against the Premier’s actions, stating that the transfer was to be paused immediately, pending a final ruling. This comes after Masitha, represented by Peyper Attorneys, challenged the decision, highlighting that it lacked sufficient justification and was not aligned with her professional expertise in the built environment.

The court’s order, as detailed in the ruling, specifically demands the reinstatement of Masitha to her former position as HOD of Human Settlements. The ruling emphasized, “The First Respondent is interdicted and restrained from in any way further acting upon, giving instructions pertaining to – or insisting upon implementation of either the administrative or executive decision she had taken on or about 30, alternatively 31 July 2024.”

Masitha, who holds substantial qualifications and experience in urban planning and housing policy, argued that her reassignment to Social Development not only lacked a solid basis but also contradicted her career trajectory and professional capabilities. As noted in the court documents, the decision was perceived as “unjust” and “irrational.”

Despite the court’s clear directive, Tumelo Phahlo, who is associated with the Human Settlements Department, issued an internal memo to staff, urging them to disregard the court’s ruling and continue to adhere to his instructions. Phahlo stated, “Both transfers are valid and binding unless set aside by a competent court in review proceedings.” He further emphasized that the interim order does not affect his status as the duly transferred and introduced HOD, thereby instructing the department to report to him exclusively.

The legal tussle has stirred considerable debate among political analysts. Sizwe Moloi, a respected political commentator, weighed in on the issue, questioning the rationale behind the transfer. “It defies logic to move someone with Masitha’s extensive background in the built environment to a department that deals with social welfare issues. This decision could be seen as politically motivated or, at the very least, as an administrative misstep.”

A letter from Peyper Attorneys, representing Masitha, highlighted the procedural flaws and demanded an explanation for the decision to transfer Masitha. The letter, dated 2 August 2024, addressed to the Premier, requested full reasons for the removal of their client and sought assurance that the transfer would be halted. The letter further indicated that failure to respond would result in immediate legal action, which subsequently led to the court’s intervention.

The case is scheduled for further arguments on 15 August 2024, where the respondents are expected to present their case.

MAQUEEN LETSOHA-MATHAE
MAQUEEN LETSOHA-MATHAE

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