…as ConCourt throws out their application
Moorosi Tsiane
QUEEN ’Mamohato Memorial Hospital (QMMH) Managing Director Dr ’Makhoase Ranyali and her deputy, Thenjiwe Dlangamandla, have suffered a major legal setback after the Constitutional Court dismissed their application seeking to block Parliament’s Public Accounts Committee (PAC) from investigating the hospital’s affairs.
The ruling clears the way for the two executives to appear before the PAC and answer questions relating to the hospital’s finances, procurement practices, employment matters and allegations of politically influenced appointments.
Dr Ranyali and Ms Dlangamandla had approached the Constitutional Court seeking several orders, including the nullification of PAC chairperson ’Machabana Lemphane-Letsie’s role in the proceedings and protection from arrest following their dramatic walkout from a committee hearing in December last year.
The pair had been summoned to appear before the PAC to account for issues arising from the management of the national referral hospital. Although they attended proceedings on 8 December 2025, they walked out of the session the following day, prompting the committee to issue warrants for their arrest.
In their application, the hospital executives argued that the PAC had exceeded its mandate by questioning them on matters that fell outside the Auditor-General’s report.
Representing the applicants, Advocate Christopher Lephuthing told the court that his clients had expected to answer questions strictly linked to audit findings but were instead interrogated on a range of issues including human resources, procurement decisions and allegations of corruption involving contracts awarded to Tsebo Solutions.
“When my clients were summoned before the PAC, there was a specific agenda relating to the Auditor-General’s report. When they got there, they were interrogated about QMMH operations, human resource issues, corruption allegations and the awarding of contracts to Tsebo Solutions, matters which were outside the scope of the PAC’s inquiry,” Adv Lephuthing argued.
He further accused committee members of bullying and humiliating his clients during the proceedings.
“The PAC deviated from the agenda and my clients were subjected to bullying and embarrassment over Facebook gossip. There is nothing they were asked about that formed part of the Auditor-General’s report,” he submitted.
However, Chief Justice Sakoane Sakoane challenged the applicants’ lawyer to identify specific instances in the Hansard record where the alleged harassment had occurred. Adv Lephuthing was reportedly unable to point to any particular questions that amounted to humiliation, directing much of his criticism instead at PAC chairperson Ms Lemphane-Letsie.
Opposing the application, Advocate Maletsatsi Kao-Theoha defended the committee’s conduct, arguing that the PAC had acted within its constitutional and parliamentary oversight mandate under Standing Order 97(5).
She told the court that both QMMH management and officials from the Ministry of Health had initially cooperated with the committee’s inquiries before subsequently refusing to attend.
“It was after the Principal Secretary asked to be excused that QMMH management also decided not to appear on 28 November. The PAC then issued summonses, they attended on 8 December, and the following day they walked out of the proceedings,” Adv Kao-Theoha submitted.
She rejected claims that the applicants had been harassed.
“During the proceedings, the applicants were never subjected to harassment. PAC did not act beyond its powers when questioning them. The issues raised were relevant because they concerned public funds allocated to the hospital by the government,” she argued.
The matter was heard by a three-member Constitutional Court bench comprising Chief Justice Sakoane and Justices Fumane Khabo and Moneuoa Kopo.
The respondents were National Assembly Clerk Advocate Fine Maema, the Public Accounts Committee, Directorate on Corruption and Economic Offences (DCEO) Director-General Brigadier-General Sello Manšo, the Ministry of Health, Auditor-General Mathabo Makenete and Attorney-General Rapelang Motsieloa.
After hearing submissions from both parties, the court reserved judgment pending the filing of supplementary heads of argument.
Delivering the court’s decision this past week, Chief Justice Sakoane dismissed the application. He indicated that the court would provide detailed reasons for its decision when the full judgment is handed down in September.
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