North West department head loses court bid

2026-03-02 - 02:53

North West community safety and transport management head of department Hans Kekana lost his court challenge against his boss and the MEC, Wessels Morweng. Kekana dragged Morweng to the North West High Court in Mahikeng to seek a declaratory order against his suspension by the MEC on 11 February with full pay pending a probe into his conduct. The department was to investigate allegations of misconduct and possible contravention of the Public Finance Management Act against the official following the alleged transfer of payment to a client for service without following supply chain management processes. But Kekana claimed in court that the MEC had no authority to suspend him as he had been hired by the provincial premier. Kekana contended that as the premier’s appointee in terms of Section 12 of the Public Service Act, only the premier holds the legal authority to suspend him. He also claimed that the MEC’s action against him was unlawful and ultra vires. After the court first clarified about whether the matter was urgent or not, who has the authority to suspend the head of department between the premier and the MEC and determined its own jurisdiction on the matter, it ruled against Kekana. The judgment was delivered virtually on Friday. READ NEXT: North West duo out on bail for allegedly defrauding Sars R260k