Judge Francis Legodi set aside as unconstitutional and unlawful Mapisa-Nqakula's decision to remove Retired Lieutenant-General Maomela Motau as chair and Refiloe Mokoena as deputy chair of the Armaments Corporation of SA. He reinstated both to their positions and granted a punitive cost order against the Minister. They submitted they were not given a hearing before their removal. They said in court papers that the Minister had exercised her power in such a high-handed manner that the court's urgent intervention was justified. Their removal from the board constituted a serious violation of their rights to dignity, reputation, and just administrative action.

Mapisa-Nqakula argued that Motau and Mokoena had 'ample opportunity' to communicate with her in the process leading up to her decision, but had failed to do so. She alleged that there had been a breakdown in their relationship and that she had not needed to follow any procedure because her decision was an executive one. The Minister's reasons for firing them included delays in the execution of various projects. Legodi said it was clear there was a collective responsibility for running the affairs of Armscor, but that the two applicants had been singled out. He concluded that the Minister had erred in law by thinking she was taking an executive action when she dismissed them. The Minister knew Motau previously had to be reinstated because of procedural irregularities, but fired him again and referred to her decision at a meeting with the board as 'a political matter', which raised the issue of ulterior motive, the judge said. 'The second applicant (Mokoena) appears to be a passenger in these proceedings. 'It looks like her services had been terminated simply on the basis that the Minister does not know what to do with her,' Legodi said. Full report on the IoL site