Roads Agency Limpopo faces R13m lawsuit from ex-finance chief

Former Roads Agency Limpopo (RAL) chief financial officer Lesibana Fosu is suing the agency for unlawful dismissal, demanding R13 million.

Fosu, who is a chartered accountant by profession, was appointed by the agency on a fixed contract from 23 February, 2017 to 31 August, 2018. The contract was later extended by eight months until 30 April, 2019.

Offered fixed contract before contract lapsed

A Pretoria legal firm, Maponya Kgabo Attorneys, which represents Fosu, said before the contract lapsed, RAL offered her a five-year fixed contract, which she accepted.

The contract, according to the law firm, commenced on 1 March, 2018 and was expected to expire on 28 February, 2023.

“The client took leave from 23 February, 2018 and returned on 12 March, 2018. When she returned, she was informed that her fiveyear contract was no longer effective, but lapsed. She was told to work for two months and leave on 30 April 2018.”

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According to the lawyers, Fosu said she was “dealing with serious financial irregularities and mismanagement of funds” at RAL, which she was by law expected to report to the auditor-general.

RAL taken to CCMA

“In light of this, Fosu took RAL to the Commission for Concilliation, Mediation and Arbitration (CCMA), which ruled in her favour. Then RAL took the CCMA award for review to the Labour Court in Johannesburg, but the outcome was the same. Both the CCMA and the Labour Court said she must be paid for the five-year fixed contract,” said the law firm.

It added RAL is expected to pay the client R13 million for the years she was not allowed to work.

The Citizen has seen evidence of RAL’s financial performance the year Fosu was dismissed.

It had a financial deficit of R917 million, liabilities exceeded its assets by R270 million and it had incurred irregular expenditure of R235 million.

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