MAIN IMAGE: Minister of Human Settlements, Mmamoloko Kubayi
Danie Keet
Former CEO of the former EAAB, Mamodupi Mohlala’s application to be given permission to appeal the Court’s decision to uphold her suspension was dismissed with costs in the South Gauteng High Court last week.
Her failure has now opened the doors for the PPRA and its new board to complete their investigation into her alleged transgressions. Her attempt to put the new PPRA Board, and its appointment by the Minister of Human Settlements in a negative light, has badly backfired.
Mohlala tried to suggest to the Court that the Minister went beyond her legal powers by appointing the new PPRA Board. However, the PPRA Board stuck to its guns from the beginning, fighting for the integrity of the Minister, the Board, and the property sector as whole.
The PPRA Board stated that the decision to temporarily oust Mohlala was not driven by a personal vendetta, but by an investigation which was necessitated by allegations implicating her in financial and administrative misconduct.
Mohlala’s precautionary suspension in late March 2022 was designed to create a safe, intimidation and interference-free environment for whistle-blowers at the PPRA to come forward to support the investigation, Steven Ngubeni, Chairperson of the PPRA, stated at the time.
Allegations against Mohlala relate to the irregular appointment of six employees at the PPRA in junior, mid-level and senior positions over the past three years, and irregularities iro of pension fund payments.
It was also alleged that Mohlala was aware of the non-payment of pension fund contributions and received advice on the legality thereof.
The PPRA board can now continue with its own investigation into the allegations.
Judge T Siwendu concluded that bringing the PPRA into operation at the time, cannot be faulted. The Minister exercised her power lawfully in this instance.
In her findings the judge found amongst other findings that Mohlala was not directly affected by the “non- extension” of the tenure of the previous Board from 26 November 2021 to 1 February 2022 and that she has no direct interest in that issue. She also said there can be no doubt that in doing so (appointing the new PPRA Board), the Minister acted in a rational manner.
Deli Nkambule therefore remain as Acting CEO, a decision welcomed by industry leaders.
In her reaction to the judgement being handed down, Minister of Human Settlements, Mmamoloko Kubayi said the decision was welcomed.
“We have always maintained that the case lacked legal merit. It is most absurd to question the powers of the Minister to appoint a Board. It is clear that the application was brought as an attempt by Mohlala to deflect attention from the real reasons for her precautionary suspension,” Kubayi said.
