WeeklySA_AdminAPPLICATION: She wants the court to slap the minister with the personal costs after ignoring her correspondences…
By Lehlohonolo Lehana
The South African Social Security Agency (Sassa) CEO Busisiwe Memela-Khambula has filed an urgent court application to review and set aside her precautionary suspension.
Memela-Khambula was placed on precautionary suspension with full pay on the 3rd of December 2024. The SASSA Act of 2004 provides for the establishment of the agency under the Department of Social Development (DSD).
Sassa receives an annual R266 billion from the fiscus for the payment of around 28 million social grants.
The Social Development minister Sisi Tolashe said the precautionary suspension was prompted “by the need to conduct the investigation without hindrance or interference given Memela-Khambula’s position as CEO of Sassa.”
Themba Matlou, the regional executive manager for Gauteng and has since been appointed as the Acting CEO until the matter involving Memela-Khambula has been concluded.
According to the court papers that Fullview and Weekly SA Mirror are in possession of, Memela-Khambula “argues that the public media statement, does not refer to any misconduct nor a justifiable reason that her presence at the workplace would hinder the investigation nor the safety of any person.
She further argues that the publication defamed her and impugned her dignity and it continues to cause her emotional and psychological stress.”
Upon her notice of suspension, she says she obeyed the demands stated on her suspension notice.
She argues that it was quite obvious that the charges (“to the extent that they’re, with a considerable stretch of imagination, may be understood to implicate her in any misconduct”) do not justify her being excluded from work.
Memela-Khambula denies the alleged charges, saying they did not justify her suspension and her exclusion from the workplace.
Minister Tolashe is the respondent in the matter. She wants the court to slap the minister with the personal costs after ignoring her correspondence.
She challenges the Minister to furnish her with steps taken to suspend her and she also argues that her procedural rights during the disciplinary hearing held on the 3rd of February 2025 were treated with contempt.
As a result, the indefinite extension for her suspension was requested, without producing the evidence or any other material thereof and, notwithstanding that the 60 day period of her suspension has already lapsed and could not be extended.
Memela-Khambula contends that her suspension occurred some five and half years after her employment by former minister Susan Shabangu in 2019.Tolashe added that the Office of the Public Protector has raised a “myriad of serious issues” had prompted her to take appropriate action as Sassa’s executive authority.
The Public Protector had launched an investigation into then Social Development Minister Lindiwe Zulu due to accusations of misconduct, specifically regarding irregular appointments and disregard for proper protocol.
Also for failing to act on SIU recommendations for disciplinary action against Memela-Khambula for irregular food parcel procurement.
The Public Protector found these allegations serious enough to warrant an investigation, citing potential unfairness, ethical breaches, and violations of the executive ethics code.
Tolashe said that the precautionary suspension decision against the CEO was important to “protect her dignity and integrity” during the investigation and “praised the humility the CEO demonstrated when the decision to suspend her was communicated.”
Memela-Khambula argues that no explanation, let alone justification, why this had occurred just over five and half years after commencement of her employment, and just under five years after the complaint allegedly made in July 2019 to the Public Protector. With only five months left in her contract.
She says in her affidavit, the public protector report does not implicate her in any misconduct. Therefore there is no legal basis for her suspension or for its extension.She demands the respondent to withdraw the charges, her suspension and disciplinary proceedings and pay her appropriate compensation. She points out that the respondent had failed to meet the 23 April 2025 deadline and prompted a legal action.
Memela-Khambula has served in various institutions in leadership roles in both the public and private sector over the past 30 years as a value creator. She has held significant roles in the financial services and educational sector, including as that of executive director operations and acting managing director at Land and Agricultural bank of South Africa.
She is also former CEO of Eduloan; a education financial services provider focusing on providing finance to the Middle Market to professionals serving the government both in the educational and health space. She is former CEO: Customer care and back-office operations at FNB Homeloans enhancing customer experience and revenue growth on existing customers.
She also held the position of managing director of Postbank, impacting on growing the unbanked market and growing the bank product beyond the traditional book saving and forming strong partnerships with other financial services providers for greater impact
She holds a Master’s degree in public administration from the University of Zimbabwe and a Bachelor’s degree in Social Science from the University of Swaziland.
