Contempt or confusion?

Staff reporter

Bloemfontein – The drama at Free State Human Settlement is far from over.

This is after Judge PE Molitsiane of Free State High Court set aside the transfer of Mosa Masemene, Head of Department at Human Settlement to Social Development, and ordered Joyce Mathae, Free State Premier to reinstate her at Human Settlement immediately.

Judge Molitsiane made the order on Thursday, 8 August 2024, and granted Masemene an interim order.

The second respondent as per the 2-page judgment in possession of this publication is Advocate Jacob Phahlo who was recently introduced by Teboho Mokoena, MEC for Human Settlement.

With many expecting Mathae as the first respondent to say something like she normally does, it was Phahlo who released two identical internal memos dated 12 and 13 August 2024.

In the memos, Phahlo says the transfers Judge Molitsiane set aside are valid.

“Both transfers are valid and binding unless set aside by a competent court in review proceedings, the Premier is a functus officio and cannot reverse her own decision.

I was formally introduced by the MEC as the HOD of the Department of Human Settlement in a meeting he duly called and addressed as a consequence of the transfer.

The MEC has, since the court order, not called another meeting to reintroduce Ms. Masitha as HOD.

The interim court order therefore does not affect my status as the duly transferred and introduced HOD as there is no order against me and therefore no contempt on my part.

It is for this reason that you are advised to report to me as HOD as I do not want to find myself in a contemptuous position towards the Premier and the MEC.

Consequently, no financial transactions were and are supposed to be executed from August 01, 2024, without my validation, knowledge, or approval

As the Accounting Officer, I am overall responsible for the administrative running of the institution and expect no administrative bypass from any departmental officials.”

Judge Molitsoane had ordered.

“The first respondent shall restore the status quo ante as prevailed before said decision, and to allow the applicant to take up the position to which she has been lawfully appointed and lawfully entitled to occupy, bring that as Head of Department: Free State Provincial Government: Department of Human Settlement.”

Will Peyper Attorneys on behalf of Masemene ask the court to charge Phahlo for contempt of court?

In other news, Joyce Mathae, Free State Premier and her husband Ameen to be enjoying life as a video of them dancing is circulating.

In the words of Bonang Matheba, “Go monateeeeee.”

WATCH:

This is a developing story.

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