Ntombela’s hand caught in Tsunami of Illegal, non-compliant transfer and salary adjustment in Free State

Questions are mounting as to why the Free State Premier Sefora Ntombela signed a letter for salary adjustment of her close ally Bongo Nazo while she was MEC at Social Development in 2012.

Much as she had the power to do so as she had a delegation of authority which she was supposed to delegate to her HOD but did not, this opens a window for abuse.

Background
In 2012 Ntombela decided not to write to the acting Head of Department JMW Linstrom but rather to the Senior Manager Mathews Mohutsiwa and the acting HOD JMW Linstrom was copied.

In the letter then MEC, Sisi Ntombela claimed that Nazo was being poached by the department of COGTA in a transfer arrangement. This then prompted the MEC to demand that the official be placed on the last notch of level 13 because the official is a high performer, according to the letter.

It’s not clear what made Nazo a high performer or what measured his performance.

The letter did not have any supporting documents, either of the performance assessments done or the letter from COGTA offering him a transfer away from the department of Social Development in line with the Public Service Act. The act states that any employee who seeks transfer will be transferred laterally on the same salary but Ntombela thought otherwise.

It then raises a red flag as to why it will be the MEC that writes such a letter and gives instructions to HR when it actually should be written by the accounting officer of the department, who is tasked with the responsibility of the performance management system. Do people do their jobs accordingly or do MEC’s do what they please.

Following complaints from Social Development staff, the late secretary of National Education Health Allied Workers Union (NEHAWU) Lebohang Khati wrote to Public Service Commission on 6 April 2018 raising various salaries increases, and in response, PSC stated that there is nothing they can do about this situation as complaints came around a bit late. Even though the former HOD of Social Development Mokone Nthongoa sent a letter in 2018.

“Mr. Nazo’s post was upgraded as a result of the implementation of Job Evaluation outcomes as per Annexure L. According to the letter signed by the former MEC dated 8 October 2012, Mr. Nazo was offered a transfer and not an appointment,” Nthongoa says in the letter explaining.

Meanwhile, the report from PSC to NEHAWU states:
“During the investigation, the department could not produce enough proof to indicate that Mr. Nazo was offered or requested a transfer to the department of COGTA and Human Settlement.”

This clearly shows there is no transfer offer and question is, what did Ntombela rely on to pen the submition?

Step Up SA News asked former COGTA HOD, Kopung Ralikontsane who is now Director-General in the office of the Premier if they had made an offer to Nazo in 2012 and he did not respond.

Furthermore, questions were sent to the current COGTA HOD, Mokete Duma if there was such an offer, he also did not respond.

Nazo as the beneficiary of the alleged unlawful adjustment did not respond either.

Further investigations reveal that in 2009, three years before the salary adjustment Ntombela signed another letter upgrading Nazo to senior manager position.

In all these, not a single letter is signed by the HOD but the MEC.

Over the past years, political heads have always hidden behind “I didn’t sign any document” or “I do not interfere with operations ask HOD”.

Step Up SA News has discovered while Zola Thamae replaced Kutlwano Tlhakudi at SACR as acting HOD, the Premier also replaced Mosa Tlali as acting HOD at Police, Transport, and Roads. A move that will certainly shock African National Congress Womens League(ANCWL) as its deputy president who said vacant positions will be filled by women has just replaced a woman with a man.

According to a source Tlali was seen as a threat based on allegations that she is an ally of Vusi Tshabalala, former Maluti-a-phofung Mayor.

Interestingly, the Premier has never said a word about her daughter who is a deputy director at DESTEA with just matric while her daughter-in-law continues to act as Chief Director at Social Development.

What’s more concerning with this if true is instead of filling seven vacant HOD positions the Premier is involved in factional politics.

Powers and responsibilities of MEC versus the Head of Department

The general powers and responsibilities for MECs, regardless of the department for which they are responsible for, are set out in section 125(2) of the Constitution.

It states that MECs exercise their executive authority through a wide range of responsibilities that include implementing national and provincial laws; developing and implementing provincial policy, and coordinating the functions of provincial administration and its departments.

Put simply, the role of the MEC is the policy objectives and to ensure that those objectives are implemented.

The general roles and functions of HoDs are not set out in the Constitution, but rather in the specific Acts relevant to the function allocated to them.

According to the PFMA, as the accounting officer of a department, the HoD implements a department’s policies and delivers the outputs defined in the department’s budget. They are responsible for the effective, efficient, economical, and transparent use of the department’s resources – which would include the hiring and dismissal of staff – to produce policy output.

While MECs can and should raise questions about appointments and procurement processes where there are valid concerns, these areas are the responsibility of HoDs.

Maintaining the separation between the executive role of the MEC and the administrative role of the HoD is critical to avoiding political interference in procurement and human resource processes.
For example, MECs should not have any say in the outcome of tender processes, nor should MECs appoint or dismiss staff employed by the department.

Broadly speaking, the MEC has executive authority (political power) and the provincial HoD plays an administrative role.

Unfortunately, through ignorance, over-reach, or in some cases for corrupt activities, these roles often get tangled up.

Given the above explanation, it is therefore clear that in this instance the then MEC of Social Development and current Free State Premier Sefora Ntombela has overreached her responsibilities and it’s not clear if it was deliberate or not.

A source in the ANC circles who spoke on condition of anonymity said anyone but Mashinini was a bad idea.

“If you remember Sam Mashinini was elected the chairman at the now nullified conference and he was seen as a huge threat to President Ramaphosa because of Magashule so it was more about anyone but Mashinini. Anyone but Mashinini was a bad idea”

Another source said with the provincial conference happening in few months he hope’s talk of Manyoni and Dukwana contesting the chairmanship is not true.

“I hope it’s not true what we hearing from branches, we cant have Manyoni or Dukwana leading this province, we need young blood.”

In other news, the ANC in Mangaung Metro is allegedly planning a motion of no confidence against the newly sworn-in Mayor, Mxolisi Siyonzana.

This is according to sources within the municipality.