RAF CEO intends to appeal against suspension ruling in court battle

Suspended Road Accident Fund (RAF) chief executive Collins Letsoalo has hit back at the judge who refused to lift his suspension, citing nearly 40 points in which he claimed the judge had erred in his judgment.

Letsoalo has applied for leave to appeal against last month’s judgment in the Gauteng High Court, Pretoria.

In a scathing judgment, Judge Nasious Moshoanathe said Letsoalo's application was deemed vexatious. He found Letsoalo’s suspension effected by the RAF Board earlier this month to be lawful, rational, and reasonable.

While the judge had some harsh words regarding Letsoalo’s earlier urgent application, the suspended CEO will again have to face the judge in court, as Judge Moshoanathe will have to decide on whether to grant him leave to appeal or not.

In slapping Letsoalo with the legal costs, the judge last month said: “The present litigation is aimed at protecting pecuniary interests as opposed to protecting a constitutional right. This court takes the view that the present application is frivolous and vexatious. Mr Letsoalo, for very selfish reasons, it seems, disavowed adequate and substantial remedies available to him in terms of the LRA (Labour Relations Act).”

In his leave to appeal application, Letsoalo remarked that the judge was biased from the start, and Letsoalo had the reasonable apprehension that the judge was assisting the respondents, being the RAF and its board.

He said most of the issues the court had decided upon in its judgment were raised by the court itself and not by the respondents.

In his notice for leave to appeal, Letsoalo made an issue of the fact that the court did not find that there was no resolution by the RAF Board to appoint the firm of attorneys which had represented them in court. His counsel during legal arguments in the main application said the matter should have proceeded on an unopposed basis.

In one of his many points where he felt the court had erred in turning down his application, Letsoalo said the judge chose to ignore his entire version as to why his suspension was unreasonable and irrational.

He also objected to the judge slapping him with the legal costs and for not accepting the argument made by his counsel that this was a constitutional matter, thus he should not face the financial consequences of losing the legal battle.

Letsoalo argued that he never received a fair trial as the court “crossed the line of impartiality”, and he perceived the judge to be biased if one looked at Judge Moshoanathe’s “body language” when he had to listen to arguments made by his Letsoalo’s legal counsel.

Letsoalo said he did not doubt that the Supreme Court of Appeal would rule in his favour.

He launched what he described as a “life and death” high court application, demanding reinstatement and a stop to the advertising of his position. He wanted an order declaring that the RAF Board’s decision to suspend him last month was to be set aside as unlawful, irrational, and unreasonable.

Letsoalo was suspended as CEO on June 3 based on the accusation that he refused to attend a SCOPA regarding the fund’s problems. His contract as CEO is due to lapse in August, but according to him, the board had already decided to reappoint him.

Thus, he argued, his suspension needed to be lifted.

Cape Times