Staff reporter
Bloemfontein – Shocking details behind litigation instituted by National Department of Transport and its former employee have emerged.
This follows our exclusive on Monday in relation to R4.3 million settlement to Matshediso Millicent Setai in 2012 after her dismissal for misconduct among others.
STEPUPSANEWS can exclusive confirm what triggered the department to approach the court in August 2023 to review and set aside the “settlement” is litigation by Setai claiming R12 million damages from NDOT.
In June 2022, Setai instituted proceedings against NDOT claiming damages to the sum of R12 018 451,00 under case number 30153/22.
NDOT then prepared notice to defend on the 22 October 2022.
According to Advocate James Mlawu, former Director-General, it was only after they were served, when the counsel was preparing defence it became apparent the settled might be “unlawful”.
“We then requested counsel to provide legal opinion on the legality of the settlement agreement.
On 20 December 2022 counsel provided the requested legal opinion. At the time, the relevant officials of NDOT were already on annual leave for December holidays. Upon return in January 2023, the opinion of counsel was perused. The opinion suggested that the settlement agreement was unlawful as DOT didn’t have the powers to restate Ms Setai or compensate her in lieu of reinstatement.
A decision was then taken to bring this application to review and set aside the decision by DOT to enter a settlement agreement with the respondent.”
What is also of interest is how in 2012 legal fees were R800 000 and the payment structure.
Currently both matters (cas 30153/22 and cas 2023/080866 ongoing in court over cas 57206/2012.
In other news, Ben Moseme, CEO of C-Squared has given Setai till Friday to issue a public apology or face the music.
This is in relation to WhatsApp text purported to be from Setai accusing Moseme of being part of the onslaught against Mathaes.
It remains to be seen if Setai whose probation ends on the 5 December 2025 will be held accountable.
Joyce “Pretenders” Mathae, Free State has never said a word about her spin doctor but was quick to go after Dr Takisi Masiteng, Mosa Masemene and Masechaba Sesing.
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