‘Boss Has No Power’: Court Tosses North West HoD’s Challenge Against MEC Suspension

The Head of Department for North West Community Safety and Transport Management, Hans Kekana, has lost his urgent court bid to overturn his suspension.

Kekana was suspended on 11 February by MEC Wessels Morweng with full pay, pending an investigation into allegations of misconduct and possible contravention of the Public Finance Management Act (PFMA) .

The probe relates to an alleged transfer of payment to a client for services without following proper supply chain management processes.

The Legal Argument

Kekana dragged Morweng to the North West High Court in Mahikeng, seeking a declaratory order that the MEC had no authority to suspend him.

His argument: He was appointed by the provincial premier under Section 12 of the Public Service Act. Therefore, only the premier holds the legal power to suspend him. The MEC’s action, he contended, was unlawful and ultra vires (beyond his legal authority).

The Court’s Ruling

Before delivering its judgment, the court had to determine:

• Whether the matter was urgent

• Who holds the authority to suspend a HoDthe premier or the MEC

• Its own jurisdiction

On Friday, in a virtual judgment, the court ruled against Kekana.

The decision means the suspension stands, and the investigation into the alleged financial misconduct will proceed.

What’s Next

Kekana remains suspended on full pay while the department investigates. The court has effectively confirmed that the MEC had the authority to actor at least, that Kekana’s challenge to that authority has failed.

For now, the HoD must await the outcome of the probe, and the MEC can continue his work without the shadow of this legal challenge.

{Source: www.citizen.co.za}

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