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Breaking News: High Court judges rule Dr Tshabalala “took decisions and actions beyond her acting”


Staff Reporter

Bloemfontein — Two Free State High Court judges have delivered a judgment that will once again prove the Department of Community Safety, Roads and Transport is a crime scene, while proving the Public Service Commission is useless.

Judge C Van Zyl, with Acting Deputy Judge President C Reinders concurring, have ruled in favour of Norman Selai, the expelled Chief Director at the Department of Community Safety, Roads and Transport in a judgment delivered on the 25 August 2026..

Selai became a target when the EXCO charged him following the chaotic ANC Provincial Conference in February 2023.

He was charged and eventually dismissed. At the time, the MEC was Joyce “Pretenders” Mathae. Now its Mbalula who has appointed CFO to be Director SCM.

Motho a loileng Free State o Magengenene.

Selai challenged his dismissal and argued that Dr Masego Tshabalala, who initiated the disciplinary process, had no authority, as her acting appointment had ended and was never extended.

Tshabalala was appointed acting HOD by erstwhile Premier Sefora Ntombela on 18 August 2022, and the six months ended on 23 February 2023.

Beyond that, her acting appointment was not extended and, ironically, that’s the day Ntombela was forced to resign.

Tshabalala continued, and the Judges ruled that she had no authority and that all her decisions were unlawful.

In a 21-page-long judgment, Judge Van Zyl kicked Tshabalala’s teeth inside.

The following decisions of the fourth respondent are reviewed, declared invalid and set aside:

2.1 the decision to suspend the applicant from his position as Chief Director Corporate Services: Free State Department of Community Safety, Roads and Transport; and

2.2 the decision to set in motion the disciplinary process by appointing an initiator and chairperson; and

2.3 the decisions to convene a disciplinary enquiry and to dismiss the applicant pursuant to the unlawful enquiry.

3 The applicant`s disciplinary enquiry is remitted to a lawfully convened body which is empowered by law to act as such.

4 Pending the outcome of the aforesaid disciplinary enquiry in terms of para 3 above, the second respondent is to forthwith comply with the applicant`s contract of employment and conditions of service.

5 The first to fourth respondents are ordered to pay the costs of the application, jointly and severally, payment by the one the other to be absolved, with counsel`s fees on scale B.

What about all the other decisions to charge, dismiss, transfer and appoint contractors?

As things stand, Selai is an employee.

According to Public Service Commission the acting beyond the six months remained valid, PSC in Free State is a joke.

Dr Takisi Masiteng warned Mathae but she didn’t listen, we can’t wait for the day Human Settlements collapse face down.

This is a developing story.

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