Suspended Road Accident Fund (RAF) chief executive Collins Letsoalo’s suspension has brought a dark cloud over his head, which can only be removed by the court in assenting that his application to be reinstated in his position is urgent.

This was the argument presented on his behalf on Tuesday before the Gauteng High Court, Pretoria. His advocate, Pule Moshoadiba SC, told the court that Letsoalo will not be afforded substantial redress at a hearing in due course, as his contract of employment is expiring on August 6.

“Beyond this date, the applicant would not have an opportunity to clear his name and exercise his right to challenge the lawfulness of his suspension. This means that the reputation and integrity of the applicant would remain severely dented because of the suspension, which is automatically coming to an end on August 6,” Moshoadiba said.

He told Judge Nasious Moshoana that this is not one of those cases wherein there is a pending disciplinary hearing on the horizon.

“The respondents (the RAF and its board) are clearly kicking the can down the road and hoping that come August 6, the suspension comes to an end by operation of the law when the contract expires,” he said.

Beyond this date, Letsoalo will not have an opportunity to clear his name and exercise his right to launch his urgent application, the court was told.

Letsoalo launched his “life and death” high court application, demanding reinstatement and stopping the advertising of his position. Letsoalo seeks an order declaring that the RAF Board’s decision to suspend him earlier this month to be set aside as unlawful, irrational, and unreasonable.

Letsoalo has been RAF chief executive since 2020, with his five-year contract due to end on August 6, but the board had earlier resolved to renew his fixed-term contract upon its expiry.

Moshoadiba, meanwhile, argued that the issue of reputational damage and dented dignity plays an important role under the circumstances of this case when the contract of employment soon comes to an end.

“This factor creates exceptional circumstances of this case as compared to a case of a suspended employee who can clear his name during a disciplinary enquiry whilst his contract of employment is still in existence,” he said. 

Letsoalo was suspended as CEO on June 3 based on the suspicion that he refused to attend a SCOPA meeting on May 27. But his advocate said he was already placed on special leave at the time.

“It would have amounted to gross insubordination had the applicant attended the SCOPA meeting when he has already been placed on special leave, effective immediately,” he said.

Advocate Ernst van Graan SC, acting for the RAF and its board, said Letsoalo himself had admitted that he did not attend the SCOPA meeting. The question of whether Letsoalo has refused to attend the meeting (whether he has engaged in the misconduct) need not be resolved by this court, as it has to be investigated during the enquiry which will follow, Van Graan said.

In asking that the application be dismissed, he said Letsoalo’s contract of employment makes provision for suspension under certain circumstances; thus, the board had acted accordingly when it placed him on suspension.

Judgment was reserved.

Letsoalo’s legal team, meanwhile, on Monday morning, during a preliminary argument, asked the court not to allow the opposing affidavits by the RAF Board. They argued that in terms of the law, the board is not authorised to dispose of a defence. The judge, who turned this preliminary point down, questioned whether Letsoalo wanted the matter to proceed unopposed, to which the Letsoalo camp said yes.

zelda.venter@inl.co.za

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