By Staff Reporter
The Water and Sewerage Company (Wasco) could find itself on the wrong side of the law after failing to comply with a court order instructing it to reinstate suspended chief executive officer, Futho Hoohlo.
Wasco and Hoohlo have been at each other’s throats for months, with the latter having been suspended from work numerous times pending a disciplinary hearing. This saw both parties engaging in a series of never ending court battles.
In the latest round in the battle of attrition, Hoohlo’s lawyers have instituted contempt of court against the company and its board of governors.
According to the Labour Court papers seen by this publication, an application will be made on behalf of Hoohlo on July 12 for an order calling on Wasco and its board to show cause why they should not be committed to prison for contempt of court for; failure to comply with the court order issued against them on June 23 2021; and failure to appear in person on the date so arranged, a warrant for their arrest be issued. In addition, both Wasco and its board are to be directed to comply with the order forthwith.
In the order issued on Wednesday last week, the Labour Court instructed Wasco and its board; to restore to Hoohlo his monthly which were cut by the respondents. The Wasco board was also restrained from suspending Hoohlo from the position of chief executive of Wasco.
The board was further interdicted and restrained from harassing Hoohlo by issuing letters of suspension.
Hoohlo’s suspension is a culmination of longstanding tensions between him, the board and the ministry of council.
In one of his letters, the principal secretary of the ministry of water, Malefetsane Nchakha complained to the company’s board chairman Chabeli Ramolise about Hoohlo’s conduct.
Dated November 6 2020, the letter said relations between the ministry of water and agents of Wasco, especially its administrative body, were concerning.
“The ministry is concerned about the lack of cordial working relations between the agents of Wasco and in particular its administrative head in the capacity of the CEO and agents of the ministry,” the letter said.
It claimed that that the CEO had openly displayed intransigence against the authorities of the ministry and that he had cultivated a hostile working relationship between Wasco and the ministry as well as other critical Wasco stakeholders and there was no indication of him seeking to make amends.”
Hoohlo was also accused of cancelling Likakapa Construction (Pty) Ltd tender which participated in the Maseru Water Waste Project (MWWP)-W5a) bidding without following the mandatory procedures that must be followed in terms in the law.
“The ministry further wishes to underscore the position that whilst Wasco enjoys functional and institutional autonomy, the public policy dimension of its mandate cannot be ignored. Instead of instigating criminal prosecution and civil litigations against errant citizens in Metolong area, there must be efforts on part of the chief executive to engage in measures of putting in place the infrastructure that will help citizens in the designated areas to have access to fresh water supply with ease.
“The chief executive is very much recalcitrant towards these initiatives and for that reason this letter is authored as a formal complaint and concern that must be remedied by the board as a matter of urgency and expediency,” the letter reads.
Another letter from the board reads: “The Board of Directors of WASCO in its 6th Extra Ordinary meeting held on the 14th November 2020, resolved to suspend the Chief Executive from office with effect from the 14th November 2020 to the 12th December 2020. This is to facilitate internal disciplinary investigations. The Board has further resolved to appoint Mr Thelejane Thelejane, the Director of Operations at WASCO, the acting Chief Executive for the duration of the suspension,” the letter reads.
However, there have been suggestions that the real reason why the ministry is so hell-bent on getting rid of Hoohlo, is that he stepped on the toes of some powerful people when he pushed for the prosecution of illegal water connectors. The minister of water Nkaku Kabi, is himself alleged to be one of the people facing possible prosecution for illegal water connections. He is alleged by Wasco technicians to have illegally connected water to his farm at Thaba Khupa. However, he has since denied these allegations, insisting he has a borehole which supplies water the farm with water.
Meanwhile, Kabi recently announced that the residents who illegally connected pipelines, to access Metolong dam, will no longer be taken to court.
He said the ministry had had talks with Wasco about action that must be taken against residents who illegally connected water to their homes through pipelines which distribute water to other localities, because taking them to court was consuming a lot of time and delaying solutions.
He added that those who were responsible for the connection of water or delivery of water services to the accused communities, were also to be blamed for their delay to deliver such services, which left the accused with no choice but to resort to illegal connection.
