Dichabe wins round one after successfully interdicting his disciplinary hearing

Staff reporter

Bloemfontein – The suspended Chief Executive Officer of Free State Gambling Liquor Board, Kenny Dichabe has successfully interdicted his pending disciplinary hearing which was scheduled for Wednesday, 5 June 2024.

Dichabe was placed on suspension on 17 April 2024 by the board while the acting CEO was appointed by the MEC.

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The board had appointed an acting CEO but ultimately the MEC’s appointed acting CEO stood.

The application was opposed by the board citing self-created urgency as Dichabe was given a suspension letter on 17 April 2024 and only waited till 17 May 2024 to approach the court.

The board asked the court to stick the application off the roll.

Mr. Mphela, for Dichabe, contented the decision to suspend or put the CEO through a hearing, is vested in the MEC, not the board.

The respondents on the other hand argued that clause 33.1.3 of Treasury Regulations 2002 provides if members of the intuition commit misconduct, the “executive authority” must ensure appropriate action is taken immediately.

The board is of the view that the “executive authority” is the chairperson of the board according to court papers.

Section 10 of the Gambling Act stipulates only the MEC may terminate the service of any board member and Dichabe, as CEO is part of the board.

With all said and done, did the board resolve to suspend Dichabe or it was the chairperson on his own as he argued in court that he is the “executive authority”?

Only the minutes and resolutions will share some light including if all board members agreed and resolved to oppose the court application.

The acting company secretary, Nthabiseng Sothoane, and General Manager, Sharon Motale will be asked to provide minutes.

At least one board member has since expressed his views that he does not support the position taken by the board.

In delivering Judgment, Judge Van Rhayn ruled in favor of Dichabe and interdicted the hearing pending part B.

Part B is scheduled for the 20 June 2024 where Dichabe’s legal team will argue the board’s decision to suspend him is unlawful.

What is interesting is there is no evidence that a legal opinion was sought before any decision was taken.

The board chairperson Moeketsi Tladi is a convicted criminal for fraud and there is a letter in our possession which we will verify the authenticity thereof that he is has no criminal record.

The letter is signed and stamped by SAPS in Pretoria.

This is a developing story.

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