Msibi Reinstated as Suspension Overturned

Court reinstates RTMC CEO, ruling Board lacked authority to suspend him

Makhosini Msibi has emerged triumphant in a high-stakes legal battle against the Board of the Road Traffic Management Corporation (RTMC), with the Pretoria High Court ordering his immediate reinstatement.

The judgment, delivered by Judge J Swanepoel on Monday, serves as a resounding vindication for the CEO, who was sidelined for eight months under a ‘precautionary suspension’ that the court has now declared fundamentally unlawful.

By setting aside the suspension, the court effectively dismantled the Board’s attempt to strip Msibi of his duties, ruling that it had bypassed the very laws meant to govern executive discipline.

The court found that the power to act against the Msibi is legally reserved for the Shareholders Committee and the Minister of Transport. This means the Board had staged a unlawful power grab without the necessary written delegation.

This ruling serves as a double victory for Msibi, as it also invalidated the Board Charter the respondents had misused to justify their overreach.

Meanwhile, the path is now clear for Msibi to resume his leadership at the state entity, after his authority was reinforced by a judicial confirmation that the Board cannot act as judge and jury outside of its statutory mandate.

As ordered by the court, the Board now has a narrow 90-day window to attempt to regularise its internal policies.

The court further ordered that the Board pay Msibi’s legal costs underscoring a resounding victory for the RTMC CEO.