Free State Human Settlement HOD Mosa Masitha vs Free State Premier Maqueen Letsoha-Mathae
By Thabo Mosia
The Free State High Court has confirmed the rule nisi issued on 8 August 2024, ordering the immediate reinstatement of Mosa Masitha after Free State Premier Maqueen Letsoha-Mathae’s decision to reassign her from Human Settlements to Social Development. This decisive move by the court has not only paused the transfer but also set the stage for a contempt of court hearing scheduled for 5 September 2024. Both Premier Letsoha-Mathae and Tumelo Phahlo have been ordered to pay the legal costs incurred and to appear before the court to provide reasons why they should not be held in contempt.
On 8 August 2024, Judge PE Molitsoane issued an urgent interdict against the Premier’s actions, highlighting the need for the transfer to be paused immediately, pending a final ruling. This legal intervention was in response to Masitha’s challenge, which was brought forward by Peyper Attorneys. The challenge asserted that the decision to transfer Masitha lacked sufficient justification and was misaligned with her extensive professional expertise in the built environment.
The court’s ruling specifically mandates the reinstatement of Masitha to her former position as Head of the Department of Human Settlements. In the ruling, the court 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.”
Mosa Masitha, whose qualifications and experience in urban planning and housing policy are extensive, argued that her reassignment to the Department of Social Development not only lacked a sound basis but also contradicted her career trajectory and professional capabilities. The court documents revealed that the decision to transfer her was perceived as both “unjust” and “irrational.”
Despite the court’s clear directive, Tumelo Phahlo, who is closely associated with the Human Settlements Department, issued an internal memo to staff, urging them to disregard the court’s ruling and continue following his instructions. Phahlo asserted, “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.
This legal tussle has stirred considerable debate among political analysts and commentators. Sizwe Moloi, a well-known political commentator, expressed concerns about the rationale behind the transfer. He stated, “It defies logic to move someone with Masitha’s extensive background in the built environment to a department that deals primarily with social welfare issues. This decision could be viewed as politically motivated or, at the very least, as an administrative misstep.”
Further complicating the matter, a letter from Peyper Attorneys, representing Masitha, highlighted significant procedural flaws and demanded an explanation for the decision to transfer her. The letter, dated 2 August 2024, addressed to Premier Letsoha-Mathae, requested comprehensive reasons for the removal of their client and sought assurance that the transfer would be halted. The letter also indicated that failure to respond would result in immediate legal action, which ultimately led to the court’s intervention.
The case was scheduled for further arguments on 15 August 2024, where the respondents were expected to present their case. However, the Free State High Court has since confirmed the rule nisi, compelling the immediate reinstatement of Mosa Masitha following Premier Letsoha-Mathae’s attempt to reassign her. The court has effectively paused the transfer, with a contempt of court hearing set for 5 September 2024. Premier Letsoha-Mathae and Tumelo Phahlo have been ordered to pay legal costs and appear before the court to provide reasons why they should not be found guilty of contempt.
This ongoing legal battle underscores the tensions within the Free State Provincial Government, highlighting serious questions about the administrative decisions and the potential misuse of power by those in leadership positions. As the court proceedings progress, attention remains fixed on how Premier Letsoha-Mathae and her administration will navigate this significant legal challenge.
Summary of the Judgment:
1. Confirmation of Rule Nisi: The court confirmed the “rule nisi” issued on 8 August 2024. A “rule nisi” is a temporary court order that becomes permanent unless the affected parties can show cause why it should not.
2. Legal Costs: The court ordered that the legal costs of the application be paid jointly and severally by Premier Letsoha-Mathae and Tumelo Phahlo. This means both respondents are liable for the payment, and if one fails to pay, the other will have to cover the full amount.
3. Further Rule Nisi: The court issued another “rule nisi,” requiring the respondents to appear in court on 5 September 2024 at 09h30 to show cause why they should not be found guilty of contempt of court for failing to comply with the order made on 8 August 2024. If they are found guilty, they will be sentenced and sanctioned accordingly.
4. Potential Sanctions: The court stated that if the respondents are found guilty of contempt, they could face punishment for their failure to comply with the court’s previous order. This could include fines, imprisonment, or other sanctions as deemed appropriate by the court.Implications of the Judgment:
• Potential Contempt of Court: The respondents, including Premier Letsoha-Mathae, must explain to the court why they should not be held in contempt for failing to comply with the earlier court order. If they fail to provide a satisfactory explanation, they may be found guilty of contempt of court.
• Sanctions: If the respondents are found guilty of contempt, the court will determine an appropriate punishment, which could include imprisonment. However, it is not certain at this point that the Premier will go to jail; this will depend on the outcome of the court proceedings scheduled for 5 September 2024.
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