Ralikontsane wins court battle

By Emily Setona

BLOEMFONTEIN – Following the actions which stemmed from the controversial funeral procurement process for the late MEC Tate Makgoe, retired Free State Director-General (DG), Kopung Ralikontsane, has secured an interdict from the Pretoria High Court against Free State Premier and Public Protector.

This court ruling has effectively halted premier MaQueen Letsoha-Mathae’s attempts to implement Public Protector advocate Nompilo Kholeka Gcaleka’s recommended actions against Ralikontsane.

The case that was heard urgently in the Gauteng Division of the Pretoria High Court and saw Ralikontsane challenging the recommendations made by the Public Protector in her report dated 30 June 2024.
According to the court order dated 27 August 2024, the court granted the interdict, preventing the Premier from enforcing any remedial action proposed by the Public Protector.

“The Public Protector’s report is irrational because, in her findings, she mentions that R5.9-million for a funeral is unreasonable and could not have been the intention of the policy without stating the ‘reasonable’ amount in the circumstance. The Public Protector fails to explain the benchmark she used as a yardstick to measure a reasonable amount for the funerals of both Makgoe and Mdi,” Ralikontsane stated in his affidavit.

This ruling specifically suspended the enforcement of sub-paragraphs 8.3.3, 8.3.4, and 8.3.5 of the Public Protector’s report, effectively shielding Ralikontsane from immediate disciplinary action. The court documents, which were reviewed by the media, indicated that the matter was heard as one of urgency, with the usual time periods for notice and service being dispensed with. The court ruled that the implementation of the remedial actions referred to in the report was suspended pending the final determination of Part B of the application. Furthermore, the court made no order as to costs, a point likely to be welcomed by all parties involved.

Free State retired Director General Kopung Ralikontsane.

This legal battle revolves around the procurement process for the funeral of the late Free State MEC for Education Tate Makgoe. Allegations of irregularities and mismanagement in the procurement process prompted the Public Protector’s investigation and subsequent report, which recommended disciplinary action against those involved, including Ralikontsane.

Ralikontsane, who retired from his position as Director-General of the Free State Province end of August 2024, contested the findings and recommendations of the Public Protector, arguing that they were unfounded and that the process had been conducted within the bounds of the law. The court’s decision to grant the interdict supports his stance, at least until the final determination of the case.