The Gauteng Government says it has noted the dismissal of the Head of Department’s Lesiba Malotana attempts in overturning his precautionary suspension by the Labour Court.
The Court dismissed with costs Malotana’s application to set aside his precautionary suspension.
Judge Benita Whitcher’s judgement confirmed that the suspension of Malotana by the Premier as the Head of Department (HOD) for the Gauteng Department of Health was both lawful and rational.
This comes after Premier Panyaza Lesufi suspended Malotana as Head of Department (HOD) on 13 October 2025. This followed a comprehensive evaluation of his professional conduct, the results of a lifestyle audit, and a report from the Special Investigating Unit (SIU).
According to provincial government, the SIU report presented substantive evidence of possible serious misconduct, making a compelling case for a thorough forensic investigation.
In her ruling, Judge Whitcher found that the SIU report contained “believable allegations of serious
misconduct” and revealed “a strong, initial case.”
Suspending the applicant was “the only logical and rational outcome” based on the evidence. There was a real risk that the HOD could use his position to influence the investigation if he remained at work.
Court dismissed the application with costs
The allegations would “undoubtedly cause serious public concern about the integrity of the Office of the HOD” if he were to remain in his position. The court dismissed the application with costs, noting that the application was “fundamentally flawed and incorrect.”
Lesufi highlighted that the provincial government remains steadfast in its commitment to the highest standards of governance.
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“We have a responsibility to safeguard the integrity of our departments, particularly those as critical as the Department of Health. This ruling reinforces our resolve to ensure that the government operates with transparency, ethics, and efficiency.
“We will not tolerate any actions that undermine public trust or hinder our ability to deliver quality services to the people of Gauteng,” said Premier Lesufi.