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Convicted criminal running legal affairs at Free State Education

The Free State Department of Education (DoE) is yet again under the spotlight, this time with the department being under investigation for its alleged irregular appointment of a convicted criminal who served 10 months behind bar for theft and defeating the end of justice.

The investigation in question follows number of alleged irregular appointments in which sources allege the MEC Tate Makgoe, is responsible for.

Step Up SA News has discovered Bafana Cecil Ngwenya, the acting director of Legal Services at DoE has a criminal record.

Ngwenya who holds a Bachelor of Law Degree was on the 08 May 2000, convicted by Bethlehem Regional Magistrate on two counts of theft, each involving an amount of R500 and one count of defeating the ends of justice.

The offenses were committed while Ngwenya was acting as a prosecutor in the Tseke Magistrate court. Tseke district is a rural area close to Harrismith. On each of the theft counts Ngwenya was, in terms of section 276 (1) (i) of the Criminal Procedure Act, sentenced to two years imprisonment.
On the count of defeating the ends of justice he was, in terms of the same section, sentenced to one year in prison.

Ngwenya’s application to be admitted as advocate was dismissed by Judge Schwartzan in 2005.

“The Applicant’s application to be admitted as an advocate is dismissed.”

A source who spoke on condition on anonymity said MEC Makgoe brought Ngwenya to DoE without recruitment processes.

“Mr Ngwenya was brought to DoE by MEC Tate Makgoe and the position was never advertised. His appointment is irregular.”

Another source said Ngwenya has been acting for over 6 years.

“When I joined Department of Education Bafana was already acting and I joined DoE in 2015.”

A further probe by this publication discovered Ngwenya has been acting since he joined DoE meaning he was appointed acting Director against acting regulations, a person cannot act from outside.

Another source told Step UP SA News Ngwenya is used as a hired gun.

“Ngwenya is used by politicians to persecute employees and he has destroyed so many people. Whenever there are cases involving government employees he is always appointed as a prosecutor even outside DoE and once he sets his eyes on you its over because he serves his masters. How do you have a convict prosecuting employees when his own position is irregular? It’s a joke.”

A director of legal services in govern require LLB and admission as an attorney/advocate of the High Court of South Africa and to be admitted one has to be “fit and proper”.

What is of great concern is it seem no vetting, employment history and security clearance verification were done and this puts DoE in a sticky situation.

It remains a mystery that the department of education would hire a convicted criminal and task him with leading its legal department.

In another irregular appointment Step Up SA News has discovered Patricia Teepa was allegedly hired without processes and she jumped straight into salary level 7 while those she found at DoE are still stuck at level 5. Its alleged MEC Makgoe brought her same way he brought Manthatisi Phoka, Tebello Molloyi, Thandi Nibe, Zoleka Msibi and Jabu Khumalo.

Teepa who worked at Edgars is now in charge of governance at DoE a position sources say she is clueless about.

Another source said the Internal Audit of DoE is sleeping on duty.

“Its mind boggling that all these irregular appointments are not picked nor reported by the Internal Audit, they are sleeping on duty. If they can do all these on appointments now imagine the tenders, imagine I say. This could be the tip of the iceberg.”

MEC Makgoe did not respond to our questions.