On 4 February 2020, #UniteBehind filed papers against the Minister of Transport seeking to have his decision to appoint an Administrator at PRASA declared unlawful, reviewed, and set aside. The National Treasury, PRASA, the Administrator and the Minister of Finance are all cited as Respondents.

This legal action challenges Minister Fikile Mbalula’s power to appoint Mr Bongisizwe Mpondo into the so-called role of Administrator, arguing that doing so is not captured in law, and is in fact in contravention of the Legal Succession to the South African Transport Services Act and the Public Finance Management Act.

#UniteBehind seeks a declaratory order setting aside Minister Mbalula’s decision, ensuring that a permanent board is appointed within three months, and that a Treasury-appointed administrator drawn from another public entity is appointed within a week in Mr Mpondo’s stead as required by the PFMA.

#UniteBehind stands against the lawlessness that has infected the operations of government, and which has directly led to the collapse of our commuter rail service. It is simply impossible that one person can be expected to fix the tragic chaos of our rail service. Without a permanent Board filled with people with experience and commitment, we cannot hope to extricate ourselves from this crisis.

#UniteBehind is represented by Bradley Conradie Halton Cheadle (BCHC), and are represented by Janice Bleazard, supported by Ben Prinsloo.

For comment please contact Zackie Achmat (081 502 0318)
For the full founding affidavit, please contact Matthew Hirsch (083 290 4145)