Kopung Ralikontsane vs Free State Premier Maqueen Letsoha-Mathae
Retired Free State Director-General, Kopung Ralikontsane, has successfully secured an interdict from the High Court in Pretoria against Free State Premier MaQueen Letsoha-Mathae and Public Protector Advocate Nompilo Kholeka Gcaleka. This court ruling has effectively halted the Premier’s attempts to implement the Public Protector’s recommended actions against Ralikontsane, actions which stemmed from the controversial funeral procurement process for the late MEC Tate Makgoe.
Court Ruling and Its Implications
The case, heard urgently in the Gauteng Division of the High Court in Pretoria, saw Ralikontsane challenge the recommendations made by the Public Protector in her report dated 30 June 2024. According to the court order dated 27 August 2024, the court granted the interdict, preventing the Premier from enforcing any remedial action proposed by the Public Protector. This ruling specifically suspended the enforcement of sub-paragraphs 8.3.3, 8.3.4, and 8.3.5 of the Public Protector’s report, effectively shielding Ralikontsane from immediate disciplinary action.
The court documents, which we have reviewed, indicate that the matter was heard as one of urgency, with the usual time periods for notice and service being dispensed with. The court ruled that the implementation of the remedial actions referred to in the report was suspended pending the final determination of Part B of the application. Furthermore, the court made no order as to costs, a point likely to be welcomed by all parties involved.
Background: The Controversial Funeral Procurement
The legal battle revolves around the procurement process for the funeral of the late Free State MEC for Education Tate Makgoe. Allegations of irregularities and mismanagement in the procurement process prompted the Public Protector’s investigation and subsequent report, which recommended disciplinary action against those involved, including Ralikontsane.
Ralikontsane, who retired from his position as Director-General of the Free State Province end of August 2024, contested the findings and recommendations of the Public Protector, arguing that they were unfounded and that the process had been conducted within the bounds of the law. The court’s decision to grant the interdict supports his stance, at least until the final determination of the case.
Ralikontsane’s Retirement and Legacy
Kopung Ralikontsane’s retirement marks the end of an era in the Free State provincial government, where he served as Director-General for over 39 years. His tenure was characterised by both achievements and controversies, with the current legal battle being one of the most significant challenges he has faced in his post-retirement life. Despite his departure from public office, Ralikontsane remains a significant figure in the province, with many closely watching the outcome of this case.
The Case of Mosa Mary Masitha: Another Legal Challenge for the Premier
Adding to Premier MaQueen Letsoha-Mathae’s legal woes, the Free State High Court has intervened in the controversial transfer of Mosa Mary Masitha, the Head of the Department of Human Settlements. The Premier’s decision to reassign Masitha to the Department of Social Development has been met with legal resistance, culminating in a court order that halted the transfer.
The High Court confirmed the rule nisi issued on 8 August 2024, ordering the immediate reinstatement of Masitha to her position in the Human Settlements Department. The court’s decision to pause the transfer has set the stage for a contempt of court hearing scheduled for 5 September 2024. Premier Letsoha-Mathae and Tumelo Phahlo have been ordered to appear in court to explain why they should not be held in contempt and have also been directed to cover the legal costs associated with the case.
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