Suspended Road Accident Fund (RAF) chief executive Collins Letsoalo has launched an urgent “life and death” high court application challenging the troubled entity’s board, demanding reinstatement and stopping the advertising of his position.
In papers filed at the Gauteng High Court, Pretoria, on Friday, Letsoalo seeks an order declaring that the RAF Board’s decision to suspend him earlier this week be set aside as it was unlawful, irrational, and unreasonable.
He wants to immediately resume his duties as the fund’s boss.
He also wants to interdict and restrain the RAF and its board from advertising the position of chief executive pending the finalisation of the process to re-appoint him to the position.
Letsoalo has been RAF chief executive since 2020, with his five-year contract due to end on August 6, but the board has resolved to renew his fixed-term contract upon its expiry.
In addition to wanting to return to work, he has also asked the high court to ensure that he keeps his security detail.
“As part of my fringe benefits relating to security, I am provided by the first respondent (RAF) with security vehicles and security personnel. There have been threats made to my life during the course of my employment as the chief executive of the RAF.
“The threats come from various sectors, chief among them from the taxi industry. There was a high-risk assessment conducted on me. I have security guards placed at my house,” Letsoalo stated in his founding affidavit.
He fears for his safety and that of his family, and he is also entitled to R480,000 a year security. Among the conditions of his suspension is that he return all the RAF property in his possession, including the provision of security.
“There is no doubt that this is a matter of life and death, and I cannot wait any longer and need urgent relief now and not later. A grave injustice will befall me or my family if the urgent relief is not granted, especially when the news of my suspension has been widely circulated in print media, television, and social media,” explained Letsoalo.
He added that the risk of harm was real, as if he returned security vehicles and personnel, he and his family would be left without protection and placed in harm’s way.
Letsoalo also detailed an incident of his life being targeted.
“Last year, a group of heavily armed men arrived at our offices in Centurion demanding to see me. They tied the security personnel with ropes. It was the day we were having a board meeting, and fortunately, the board meeting was online and not at the office,” he explained.
A case was opened with the police, and Letsoalo revealed that it later transpired that the individuals were sent by someone in prison to harm him.
He undertook to provide the judge presiding over his urgent application with a case number.
“After that incident, the crime intelligence branch of the SA Police Service advised the first respondent (RAF) to beef up my security. The reason why I was provided with security vehicles was that last year, there was an attempt on my life coming from the taxi industry,” he said.
Letsoalo was placed on special leave on May 27, but this was withdrawn on Tuesday, June 3, when he was suspended.
He indicated that should his application not be heard urgently, it would be delayed for months, and in that time, his employment contract expires in August, and his potential re-employment with the concurrence of Transport Minister Barbara Creecy and Cabinet’s approval would in all probability not happen.
“I disavow any reliance on Section 186(2) of the Labour Relations Act as amended, as I do not claim that my suspension was unfair, hence I do not approach the Commission for Conciliation, Mediation and Arbitration. I do not claim the conduct of the respondents (RAF and its board) constitutes unfair labour practice,” he explained.
However, Letsoalo categorically and unambiguously stated that his case is that his suspension was unlawful, irrational, and unreasonable.
In the period leading up to his suspension, he described Board Chairperson Lorraine Francis as confrontational, accusing him of changing his tune about attending meeting of the National Assembly’s Standing Committee on Public Accounts (Scopa) and indicating that he must take leave to clear his mind and think about issues as he had been under extreme pressure, which she stated was compassionate leave.
Letsoalo said he refused to take compassionate leave after Francis stated that the board was worried he was taking instructions from his lawyers and wanted him to choose.
“I felt aggrieved that I had to learn about my suspension during the proceedings of the portfolio committee (Scopa) meeting. While I was watching the proceedings of the portfolio committee, I received an SMS from the chairperson of the board, who did not attend the portfolio committee meeting on the allegation that she was attending a prior personal matter,” he said.
Letsoalo added that Francis also told him to check his e-mails and found the letter informing him of his suspension and withdrawing the earlier special leave.
The suspension was allegedly due to adverse findings made by the Special Investigating Unit (SIU), which he said has been ongoing since 2022.
Letsoalo complained that the SIU never gave him a right of reply before presenting its preliminary findings before Parliament.
“If the board felt so strongly about my alleged refusal to attend the Scopa meeting, why could they not use the reason for my refusal to attend the Scopa meeting as a reason for my special leave?” he asked.
Letsoalo accused the board of damaging his reputation and integrity and believes that after the board received legal opinion that his special leave was legally suspension, they hastily looked for a reason to suspend him.
“This is nothing but a fishing expedition by the board and in the process they are exercising their power over me unlawfully to the detriment of my reputation and integrity. I am severely prejudiced by the lack of rational decision-making by the board and in the process they are plunging the first respondent (RAF) into a crisis of their own making,” he said.
Letsoalo’s lawyers have asked that the matter be heard next Tuesday, June 17. The RAF and its board have been given until Wednesday, June 11, to file their answering affidavit.
The story will be updated with a comment from the RAF Board.
