Staff reporter
Bloemfontein – A bargaining council or Labour Court ruling in favour of public servants anywhere in the Republic should mark a turning point in their battles for justice. Yet, in the Free State, a favourable ruling can feel like a hot knife slicing through butter when it comes to winning a case, but an uphill battle when it comes to enforcing the outcome.
On Tuesday, the bargaining council ruled in favour of Lumka Olifant in her battle against her dismissal by the Department of Social Development.
Olifant was dismissed a year and three days ago over what she previously described as concocted charges.
The council ordered that she report for duty on 1 November 2026 and that she be paid R1,535,516.04 by 15 December 2026.
Had she been employed in the Free State, would she have faced years of appeals, with public funds seemingly providing an endless resource for those determined to challenge unfavourable rulings?
The experiences of several former and current public servants raise serious questions about the implementation of judgments and the accountability of provincial institutions.
Dibuo Maputle
After securing a favourable bargaining council ruling on 4 October 2019, Maputle has spent years fighting to have the outcome upheld.
The Department of Social Development pursued successive appeals, losing at various stages, including at the Labour Court last year.
Seven years later, the dispute continues to illustrate the cost of prolonged litigation for an employee seeking justice.
Msinto
Msinto’s case is both funny and painful. He was dismissed twice by the Department of Community Safety, Roads and Transport, amid what appeared to be a determination to remove him from his position.
He won the legal battles brought against him, yet he remains at home as successive appeals continue.
His case raises a difficult question: what does victory mean when an employee wins in the appropriate forums but still cannot return to work?
Norman Selai
Suspended and subsequently dismissed by the Department of Community Safety, Roads and Transport in 2023, Setai challenged the decisions and emerged victorious.
The Free State High Court ruled in his favour, yet the court order has, to date, not been implemented.
The first respondent is the Free State Premier, who was the MEC for Community Safety, Roads and Transport at the time of Setai’s dismissal.
The failure to implement a court order raises questions about respect for judicial authority and accountability within the provincial government.
Papi Magashule
Like Maputle and Msinto, Magashule was dismissed by the Free State Gambling, Liquor and Tourism Authority (FSGLTA).
He subsequently won at the various forums to which the authority turned in its attempts to challenge the matter.
Yet the Labour Court judgment remains unimplemented, raising further questions about the authority’s willingness to comply with legal outcomes.
To understand the concerns about accountability in the Free State, one need only look at the FSGLTA, where board members reportedly receive remuneration amounting to R4 million a year, while employees protest over their annual salary increases.
The contrast raises questions about priorities, governance and the treatment of employees within public institutions.
A question of accountability
These cases point to a troubling concern: what value does a legal victory hold if the successful party must continue fighting to secure its benefits or return to work?
Public institutions have a duty to respect the rule of law, comply with binding court orders and ensure that public funds are used responsibly. Repeated litigation and delayed implementation can impose financial and emotional costs on employees while placing an additional burden on the public purse.
The controversy also extends to the National Prosecuting Authority (NPA), which has reportedly asked the Judge President to consider deploying magistrates from other provinces.
Taken together, these developments raise uncomfortable questions about the state of governance, institutional accountability and the administration of justice in the Free State.
If you want to understand the impunity allegations surrounding the province, look no further than these cases.
Sadly, the impact of such vile behaviour will be felt when they are long
If you don’t get it, forget about it.
Ekhayeni twins shot dead
In other sad news, Ekhayeni twins have been shot dead. Bloemfontein is turning out to be another slaughter house. It’s alleged they were shot this morning.
This is a developing story.
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