The Herald (South Africa)

Ex-minister’s firing of Prasa board ‘irrational’

- Nomahlubi Jordaan

PRETORIA High Court Judge Peter Mabuse has lambasted former transport minister Dipuo Peters for her decision to dissolve the board of the Passenger Rail Agency of South Africa (Prasa)‚ describing it as irrational and inconsiste­nt.

In his judgment yesterday‚ Mabuse found that Peters had acted irrational­ly by dissolving the board without giving it a fair hearing.

He set aside her decision and ordered the board’s reinstatem­ent with immediate effect. He also set aside the appointmen­t of the interim board.

“The minister exercised her powers arbitraril­y or in a greatly unreasonab­le manner by not giving the members [of the board] a hearing and simply removing [them],” Mabusa said.

“A denial of a fair hearing was clearly designed to cause these directors substantia­l prejudice.”

The court noted that Peters’ failure to provide reasons for her decision when they were requested by the board‚ created the presumptio­n that her decision to axe it was irrational.

“She terminated on the one hand [former Prasa acting group chief executive Collins] Letsoalo’s secondment to Prasa, thereby tacitly confirming that there were sound grounds for such terminatio­n.

“By doing so‚ the minister validated the action of the board to terminate Letsoalo’s secondment appointmen­t at Prasa,” Mabusa said.

The court also slammed Peters for accepting Letsoalo’s version that a dispute had unfolded between him and the board‚ resulting in his sacking, and for using the “dispute” as a springboar­d to remove the board from office.

“These two cannot be married with each other,” Mabuse said.

He found that the minister’s decision to remove the concerned directors was so unreasonab­le and disproport­ionate as to be arbitrary and irrational.

The minister should have accepted the board’s decision rather than discipline the board for it,” he said.

“Her decision was accordingl­y unreasonab­le on that basis alone.”

The court ordered the minister to pay the costs of the applicatio­n.

The department said it was studying the court’s decision and would comment at a later stage.

Newspapers in English

Newspapers from South Africa