Road Traffic Management Corporation RTMC chief executive Makhosini Msibi has scored a major victory after successfully challenging his suspension in court. The judge ruled in his favor and ordered that he be allowed back. This is a story that has kept many South Africans talking and now finally there is a clear outcome.
It is simple to follow once you know the full picture. A man lost his job for eight long months. He went to court. And the court said the people who suspended him did not even have the right to do so. Here is the full story told in plain and easy language so everyone can understand.
Msibi was suspended on the first of July last year. The move followed a board meeting in June. A whistleblower had raised claims of financial misconduct, irregular spending, and governance failures. These were very serious allegations. People wanted answers and the board acted fast.
The precautionary suspension was initially for a period of 30 days but it was later extended further. In the meantime Refilwe Mongale was appointed to step into the CEO position to keep things running smoothly at the RTMC.
But Msibi did not sit quietly and accept the outcome. He went to court and argued that the RTMC board acted completely unlawfully by suspending him. His argument was simple. He said the board does not have the legal power to suspend him under the Road Traffic Management Corporation Act. He explained that only the shareholders committee which includes the Minister of Transport, provincial Members of the Executive Council, and local government representatives has the authority to appoint, suspend, or discipline the CEO. The board had simply overstepped its boundaries.
He also had strong facts to support his case. An investigation by law firm Lawtons Africa, which was actually commissioned by the board itself, looked into several tenders and found no evidence of procurement irregularities, fraud, or corruption. The report did point out some systematic weaknesses within the RTMC’s bid committees but it cleared Msibi completely. On top of that the Auditor General during the 2024/25 audit also found no evidence of fraud or misconduct and gave the RTMC a clean audit. That is a very important detail.
Here is a simple breakdown of what was alleged and what the investigations actually found.
| Allegation | Outcome |
|---|---|
| Financial misconduct | No evidence found by Lawtons Africa |
| Irregular expenditure | No fraud found by Auditor General |
| Governance failures | Weaknesses noted but Msibi was cleared |
| Contract extension irregularity | Disputed and challenged in court |
The Gauteng High Court through Judge Jan Swanepoel handed down the ruling on Monday. The court declared the decision by the RTMC board of directors to place Msibi on precautionary suspension as completely unlawful and set it aside immediately.
The High Court made it very easy to understand in its ruling. It said the board did not have the power to suspend him and that such power must come from the Shareholders Committee in writing. The court also struck down the board charter saying the board had no authority to adopt it in the first place. However that part of the ruling is suspended for 90 days to give room for the process to be corrected properly.
Msibi had also previously linked his suspension to his role in leading a specialised unit that was investigating corrupt officials and trucking operators. He said this unit had saved millions of rands and secured convictions which earned him some very powerful enemies along the way.
This court ruling is now a strong reminder that even powerful boards must follow the law. No one no matter how senior can be removed from their position without the correct legal process being followed first. Msibi’s long fight for his name and his job has for now paid off in a very big way.
