Staff Reporter
The suspended head of department (HOD) for Police, Roads and Transport in the Free State, Sipho Mtakati, has approached the Labour Court in a bid to have his suspension set aside and return to work.
His legal representatives, Matlho Attorneys, wrote to Premier Sisi Ntombela last Friday saying the suspension was defective as there was still a pending case between the two parties.
The law firm then proceeded to ask Ntombela to withdraw the suspension by 12 noon on the same day and allow Mtakati to resume his duties with immediate effect, failure of which they would approach the Labour Court for relief as well as a punitive costs order against her.
“We have not received anything from the Office of the Premier,” Daniel Matlho told The Free Stater on Wednesday.
“And as per instruction from our client, we have approached the Labour Court and we were given the date of 3 June. That’s when we will present our case in court.”
Mtakati was put on precautionary suspension for a period of 60 days by Ntombela on May 18 to make way for an internal investigation into the construction of some major roads which remain unfinished.
The names of the roads were not stated in the suspension letter with the Office of the Premier telling the media the information remained sensitive as the investigation is still underway.
The lawyers stated in their letter to Ntombela that her decision to suspend Mtakati “is impugned and riddled with mala fides”.
During the interview, Matlho said Mtakati still has a pending case against the premier in which he is challenging a decision to transfer him to the provincial Department of Sports, Arts, Culture and Recreation.
He said that matter is still pending before the courts and it was therefore wrong for the premier to suspend their client for reasons “not sufficiently expounded”.
“Letter does not state which roads the HOD is being suspended for. It just says five roads. That makes it difficult for him to have a clear understanding of why he is being suspended,” Matlho pointed out.
In Ntombela’s letter to the HOD which has been seen by this publication, she told Mtakati she had decided to suspend him because of the negative reports she had received on five particular roads.
The premier accuses the HOD of serious misconduct for failing to ensure that the road projects were properly managed.
She told Mtakati that as the HOD, he was ultimately responsible for ensuring that once contractors were appointed to fix identified roads, the projects were properly managed to their logical conclusion and that government funds were used appropriately.
The premier also told Mtakati that the collapse of the five major road projects had a dire impact on the province.
Mosa Tlali is currently acting as the HOD for Police, Roads and Transport.