Magashule scores another legal victory as FSGLTA’s ‘kick for touch’ tactic falters

Staff Reporter

Bloemfontein – Former Free State Gambling, Liquor and Tourism Authority (FSGLTA) official Papi Magashule has scored another legal victory after the Labour Court struck the Authority’s review application from the roll.

The ruling does not determine the merits of the review or whether the CCMA award was correct

CCMA rules in favor of Magashule, orders for reinstatement and back pay

Instead, the application was struck from the roll because of FSGLTA’s failure to comply with the court rules in filing the required affidavit setting out the grounds and nature of its review.

Acting Judge Darren Ledden said the applicant could approach the court with a condonation application to address the procedural failure.

The ruling represents another setback for FSGLTA in its efforts to challenge the earlier labour processes relating to Magashule’s dismissal.

FSGLTA has, for years, appeared to adopt what Springboks followers would know as a “kick for touch” approach, putting the ball into touch to gain ground and regroup.

In the Authority’s case, the phrase is being used figuratively to describe a series of legal steps that have delayed the implementation of the labour ruling ordering Magashule’s reinstatement and compensation.

Magashule was dismissed alongside two other employees, Mashinini was settled while Dr Lehlohonolo Mahlatsi reinstated.

FSGLTA subsequently pursued a review of the labour proceedings. The latest application, however, has now been struck from the roll because of procedural non-compliance.

The court also dealt with a revival application, which Judge Ledden considered moot, referring to Rule 7(2).
The judge further rejected an attempt to attribute the failure to comply with the rules to the State Attorney, emphasising that the applicant itself had a duty to ensure that its case was properly prepared and filed.

On costs, the judge ordered that costs be costs in the cause, meaning that there is no immediate final costs order against either party in relation to the issue before the court.

The court order in the related proceedings also records that the judicial attachment of the applicant’s assets was to remain in place pending finalisation of the retrieval application, while the sheriff was prohibited from taking further steps to execute against the attached assets.

The matter therefore remains procedurally alive, with FSGLTA potentially having to return to court to seek condonation for its failure to comply with the rules.

On Wednesday, we unpack how FSGLTA has used a series of legal steps since 2024 and how each development has affected Magashule’s battle to secure the implementation of the labour ruling.

Week-in week-out courts deliver damning judgments clearly showing leadership vacuum.

If you want o now when did the wheels staff coming off, ANC Provincial Conference held at Imvelo Safari Lodge bred this.

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