The action follows a complaint by Baamogetswe Monyena, who was excluded when D1 officers were promoted directly to E1 without any competitive process. In her ruling, Justice Mphetlhe found that Peloetletse treated Monyena unfairly In 2025, the PSP invited officers serving at E2 to apply for the positions and failed to follow the precedent she had set herself of promoting D1 officers (Assistant District Commissioner) directly to an E1 position. This shift was found to violate Section 7 of the Public Service Act, which protects public officers from capricious and arbitrary administrative decisions. The Court ruled that the PSP exercised discretion unfairly by applying inconsistent standards. Monyena is currently employed as an Assistant District Commissioner at D1 salary scale. He has served in the same scale for almost seven years. Represented by Kago Mokotedi of Otto Itumeleng Law Chambers, Monyena asserts that whilst in this capacity, he was appointed to act in the positions of District Commissioner at El and Deputy District Commissioner at E2 prior to the E2 position being scrapped off the structure.
On the 27th March 2025, Monyena filed an urgent application seeking a rule nisi (temporary order) calling upon the PSP, Permanent Secretary at the Ministry of State President and Attorney General to show cause why the following orders should not be made final: An order interdicting and restraining them, their agents, employees or any person(s) acting under their instructions from proceeding with the Internal Advert (Deputy District Commissioner- El) dated 17th of March and any recruitment pursuant to such advert pending the finalization of the review application or any challenge to the respondent's decision to issue the aforesaid internal advert and/or savingram.
