By Thabo Mosia
Dr. Takisi Janki Masiteng, the Head of Department (HOD) for Agriculture, Rural Development and Environmental Affairs in the Free State, has lost his court challenge against Premier Maqueen Letsoha-Mathae over his reassignment to the Premier’s Office. The Free State High Court dismissed the case with costs, marking another victory for the Premier as she continues to restructure her provincial administration amid mounting tensions.
Legal Battle Between Masiteng and the Premier
Dr. Masiteng’s legal challenge stemmed from a notice issued on 21 October 2024, which transferred him to the position of Senior Advisor for International Agricultural Agreements in the Premier’s Office. Masiteng argued that the transfer was unlawful and filed an urgent application in the Free State High Court to contest it. However, Judge PJ Loubser ruled in favour of the Premier, dismissing the application with costs.
The court’s decision, made on 15 November 2024, emphasised the legality of the Premier’s authority to implement administrative changes aimed at improving service delivery. The judgment also highlighted the necessity for officials to respect such executive decisions in the interest of governance.
Background: A History of Conflict
The strained relationship between Dr. Masiteng and Premier Letsoha-Mathae dates back to her appointment earlier this year, following the replacement of former Premier Mxolisi Dukwana. Shortly after her inauguration, Letsoha-Mathae signalled her intention to restructure key departments, citing the need for “dynamic and innovative” leadership within the Free State government.
In one of their early clashes, Dr. Masiteng publicly opposed his proposed transfer during a departmental meeting, arguing that the move was unjustified and lacked consultation. Despite his objections, the Premier pressed forward, asserting her authority to rotate HODs as part of a broader plan to reinvigorate provincial governance.
Statement from the Premier’s Office
On 7 November 2024, Premier Letsoha-Mathae issued a statement outlining the rationale behind the reassignment of senior officials:
“To improve service delivery, government will instigate a process to rotate Heads of Department (HODs). The rotations are meant to encourage a more dynamic and innovative public sector. These changes are essential to strengthen governance and ensure efficient provision of services.”The Premier further noted that all affected officials had been consulted prior to the changes, which took effect on 18 November 2024.
The statement also listed the new assignments for key HODs, including:
• 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
Ongoing Legal and Political Turmoil in the Free State
Dr. Masiteng’s legal challenge is not the first time the Free State administration has been embroiled in court disputes over HOD transfers. In August 2024, Premier Letsoha-Mathae faced a contempt of court ruling after defying an order to reinstate Ms. Mosa Masitha as the HOD for Human Settlements. The Premier had reassigned Ms. Masitha to the Department of Social Development without proper consultation, leading to a successful court challenge by the latter.
Despite the ruling, the Premier initially refused to comply, citing concerns about operational efficiency. This defiance prompted legal action against her and Adv. Tumelo Phahlo, who had been assigned to replace Ms. Masitha. The Premier eventually reversed the decision, reinstating Ms. Masitha to her original position.
These legal battles have raised questions about the balance of power within the provincial administration and the procedural fairness of HOD rotations.
Reactions to the Judgment
The court’s dismissal of Dr. Masiteng’s case has sparked mixed reactions:
• Supporters of the Premier argue that the judgment affirms her authority to implement necessary changes in the provincial administration. They view the restructuring as a proactive step toward improving governance and service delivery.
• Critics, however, contend that the Premier’s approach lacks transparency and fairness, pointing to the repeated legal challenges as evidence of poor consultation and heavy-handed leadership.
Dr. Masiteng has yet to issue a formal statement following the court’s ruling, but sources close to him indicate that he may consider further legal recourse.\
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