Court orders Finance PS to apologise to axed employee
Innocent Selatlhwa | Monday October 27, 2025 12:00
This was after Justice Modiri Letsididi found that Kganetsano had caused distress and embarrassment to Katamelo Deborah Bleskit as a result of the unlawful and procedurally flawed decision to retire her on medical grounds without a medical assessment.
Letsididi recently ordered that Kganetsano's decision in his capacity as Permanent Secretary, as well as the decision maker who took the impugned decision dated 14th April 2025, retiring Bleskit from the public service on medical grounds, be reviewed and set aside, and/or declared a nullity.
The court further ordered that Bleskit be reinstated to her employment in the public service and retrospectively paid all emoluments and benefits she is entitled to, from the date of the unlawful decision to the date of reinstatement.
“All back pay shall be paid directly to Bleskit's banking details not later than 30 days from the granting of this order. The Permanent Secretary shall, within 14 days from the granting of this Order, tender a written apology to the applicant for the distress and embarrassment caused as a result of the unlawful and procedurally flawed decision to retire the applicant on medical grounds without medical assessment,” he said.
Letsididi further ordered that no suit shall be instituted by Bleskit in relation to the matter. The respondents are to pay the costs of suit on attorney and own client scale, and such costs shall be agreed and/or taxed.
In her founding affidavit, Bleskit, who was represented by attorney Kago Mokotedi, states that she joined public service in October 1997 as an Accountant on a permanent and pensionable basis, in the Ministry of Finance based at Serowe Revenue Office.
She also states that sometimes in April 2022, she was injured in the course and scope of her work. “After the injury, I reported the incident to my superiors and was subsequently paid compensation in terms of the Workman’s Compensation Act. I was given sick leave by the medical team that attended to me, and I submitted all my sick leaves to the employer. Following a recommendation from my medical doctors in 2022, the Ministry of Finance brought an ergonomic chair for my use at work. After this chair was bought in March 2024, I continued to render my services to my Employer.
Further, she states she has been receiving continued medical attention for her injury and has tremendously improved.
Bleskit said her supervisors then decided to subject her to a medical Board at Sekgoma Memorial Hospital, which was scheduled for the 10th of October 2024. “I did attend to Sekgoma Memorial Hospital on the aforesaid date, but the medical assessment was postponed as a result of the lack of my medical report from the doctors and specialists who were attending to me. I was informed by the medical board chairperson that they will inform me of the new date to attend the medical board for assessment,” she states.
She states that on the 11th of October 2024, she addressed a letter to Sekgoma Memorial Hospital informing them of the particulars of the medical doctors and specialists who attended to her, to request any medical report and information from them. Bleskit said she duly returned to work to render her services to her employer. Bleskit said in October 2024, she was deployed by her employer to assist the IEC in the running and administration of the general elections based at Moiyabana village. Further, she said from the 10th of January 2025 to the 10th of February 2025, she was on her annual leave as approved by her supervisor.
“On the 11th of February 2025, when I resumed work, I was served with a letter inviting me for a medical assessment on the 30th of January 2025 at 1130am. By the time I was served with this letter, the 30th of January 2025 had already passed. The administration officer who served me with the letter then assured me that the medical assessment would be rescheduled to a later date,” she stated.
Bleskit states that without a medical assessment, on the 30th of April 2025, she was served with a letter from Kganetsano, which letter retired her from the public service on medical grounds.
“In the letter, Kganetsano states that the decision is based on medical assessment conducted at Sekgoma Memorial Hospital on the 30th of January 2025, and subsequent approval by the Director of Medical Services at the Ministry of Health'.
Upon learning of the impugned decision, Bleskit said she went to Sekgoma Memorial Hospital to request a copy of the medical board report, but was informed that there was no such report.
“I was then referred to a certain Dr. Mongisi at the Ministry of Health. I was then informed that there was never a medical board meeting for January, February, March, and April 2025,” she said.
Bleskit lamented that without a medical report being availed to her, and the failure to afford her audience before the prejudicial decision was taken, renders the decision complained of a nullity and ultra vires the General Orders and the Public Service Act, which governs her employment.
“I further aver that the decision complained of is liable to be reviewed and set aside on the grounds of ultra vires, procedural impropriety, and irrationality. No reasonable public functionary can take such a decision when the employee affected by the decision has never been medically assessed and/or availed a copy of the medical report prior to the decision. If such a report existed prior to the decision being made, I would have been entitled to seek a second opinion. It is on this score that I aver that the decision complained of is improper, irregular, unlawful, unprocedural and laced with glaring administrative irregularities,” she stated.
State attorneys in the matter accepted that they had no defense and the order was ultimately issued for reinstatement and an apology to Bleskit.