A judgment by Judge Lungile Bomela has set aside Mkhwebane's finding against one of the accused in the failed R255 million Asbestos Project.

Judge Bomela ruled Mkhwebane’s finding which led to the suspension of Mahlomola John Matlakala from the Free State Provincial Department of Human Settlements should be set aside.

Neither Mkhwebane's office nor the department, as cited on the court papers, opposed Matlakala's court bid to have his suspension set aside.

Matlakala - represented by attorney Lebohang Mokhele - argued his suspension and the PP's finding were invalid and should be set aside. The judgment was delivered with no costs to the parties who were cited as a respondent on the court papers. It's understood Matlakala should be able to report back to his duties on 5 May 2023.

In court papers, judge Bomela says "… this application concerns the remedial action of the public protector against then Head of the Department (HOD) of Human Settlements in the Free State, directing him to investigate the conduct of the applicant about what has become known as the asbestos roof tender associated with Black Head Consulting (Pty) Ltd (BlackHead)".

In 2022, Matlakala, who is accused 2 in the 2014 failed project case, approached the Labour Court in Durban in KwaZulu-Natal following financial constraints.

The suspended official, who allegedly worked in supply chain management during the asbestos project, announced through his legal attorney, Lebohang Mokhele, that he has been hit by financial constraints and will be taking the mentioned department to court to cover his legal fees.

ALSO READ: #AsbestosGate suspect launches bid over legal fees

The accused in the asbestos case include Sodi; Mlamleli; Mokhesi; the Director for Supply Chain Management at Human Settlements, Mahlomola John Matlakala; a businessman residing in Johannesburg, Sello Joseph Radebe; a Pretoria businessman, Abel Kgotso Manyeki; the former Director-General for the National Department of Human Settlements, Thabane Wiseman Zulu; and Albertus Venter, who occupied a role in the Free State Premier’s office.

All the accused are out on bail ranging from R5 000 to R100 000 and were all warned to appear in court on the date for the resumption of the pre-trial.

The Free State High Court judge on Friday 20 January 2023 postponed the matter to 5 May 2023.

ALSO READ: Asbestos pretrial postponed yet again

This was to allow for a decision by the Bloemfontein-based Supreme Court of Appeal (SCA) on a petition by Magashule and others, who have since approached the Appeal's Court.

OFM News