Free State Premier Maqueen Letsoha-Mathae Reassigns Mosa Masimene to Public Works, Defying Court Order
By Thabo Mosia
The Controversial Free State Premier Maqueen Letsoha-Mathae has reassigned Mosa Masimene, the Head of the Department of Human Settlements, to the Department of Public Works and Infrastructure. This decision comes despite a Bloemfontein High Court ruling in August 2024 that deemed such transfers illegal without the consent of the affected officials.
The Premier’s office issued a statement emphasizing that the rotation of Heads of Department (HODs) aims to foster a more dynamic and innovative public sector. The statement detailed the new assignments:
• Mr. Ernest Mohlahlo: Provincial Treasury
• Adv. Tumelo Phahlo: Department of Human Settlements
• Ms. Mosa Masimene: Department of Public Works and Infrastructure
• Ms. Masechaba Sesing: Department of Health
• Mr. Godfrey Mahlatsi: Provincial Accountant General
Additionally, Dr. Takisi Masiteng, previously the HOD for Agriculture, Rural Development, and Environmental Affairs, has been transferred to the Premier’s Office as a Senior Advisor responsible for International Agreements on Agricultural issues. However, this particular transfer is currently subject to litigation.
The Premier’s office asserts that these transfers, effective from 18 November 2024, are intended to introduce a new management perspective, ensuring stability, effective governance, and efficient service delivery. Premier Letsoha-Mathae expressed gratitude to the HODs for their understanding and cooperation in this process, which is aimed at strengthening the government of the 7th Administration.
This development follows a series of legal challenges faced by Premier Letsoha-Mathae regarding the reassignment of departmental heads. In August 2024, the Bloemfontein High Court ruled in favor of Mosa Masimene, who challenged her transfer from the Department of Human Settlements to the Department of Social Development. The court ordered her reinstatement, emphasizing that such transfers require the consent of the affected officials.
Despite the court’s ruling, Premier Letsoha-Mathae proceeded with the reassignment of Tumelo Phahlo to the Department of Human Settlements, leading to contempt of court charges against both the Premier and Phahlo. In September 2024, the court struck the contempt case off the roll after the parties reached an out-of-court settlement, the details of which remain undisclosed.
The Premier’s recent decision to reassign Masimene to the Department of Public Works and Infrastructure has raised questions about compliance with legal protocols and the potential for further legal action. Legal experts suggest that the Premier’s actions may be in violation of the earlier court order, which could result in additional legal challenges.
Political analysts note that these developments may be part of a broader power struggle within the Free State provincial government. Reports indicate that the Premier’s decisions are influenced by internal dynamics within the African National Congress (ANC), particularly concerning control over provincial departments and resources.
The situation has also drawn attention from labor unions and public service associations. The Public Service Association (PSA) has expressed concern over the lack of consultation and transparency in the reassignment of senior officials. The PSA argues that such actions undermine the stability and morale of the public service, potentially affecting service delivery to the public.
In a related development, Dr. Takisi Masiteng has filed an urgent application for an interim interdict against his transfer to the Premier’s Office. Dr. Masiteng contends that the transfer is unlawful and was executed without proper consultation. This legal action adds to the growing list of challenges against the Premier’s administrative decisions.
The ongoing legal disputes have significant implications for governance in the Free State province. Observers are concerned that the continuous reshuffling of senior officials may lead to instability within provincial departments, potentially hindering the effective implementation of government programs and policies.
As the situation unfolds, stakeholders are calling for adherence to legal frameworks and the principles of good governance. There is a growing demand for transparency and accountability in the decision-making processes of the provincial government to restore public confidence and ensure the efficient delivery of services to the citizens of the Free State.
The Free State Provincial Government has yet to respond to inquiries regarding the legal challenges and the potential implications of the recent reassignments. As legal proceedings continue, the outcomes will likely have a lasting impact on the administrative landscape of the province.
In the meantime, the public and civil society organizations are closely monitoring the developments, advocating for the rule of law and the protection of the rights of public servants. The resolution of these issues will be crucial in determining the future direction of governance in the Free State province.
This is a developing story.
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