Staff reporter
Bloemfontein – The office of the Free State Public Service Commission has responded to the delay in the implementation of its two reports by the Department of Educational in Free State Province.
This follows the “get on top and do nothing” approach by Free State Province Premier Mxolisi Dukwana, as the reports are gathering dust at the department office.
The first report released on the 5th of August 2022, found the appointment of Zoleka Msibi to be irregular after JJ Wessles had laid a complaint with the PSC.
According to the PSC’s Guide to Correct Irregular Appointments, the department was advised by PSC to:
- promptly engage the employee who was irregularly appointed to correct the irregular appointment,
- if no agreement is reached with the employee, the department should approach the Labour Court to set aside such a decision in terms of section 158 (1) (h) of the Labor Court Act 66 of 1995 as amended. To review the matter at the Labour Court, the office of the State Attorney should be approached to assist the Department in instituting the review proceedings, without delay
PSC gave the department sixty (60) days to correct the irregular appointment and provide proof of implementation.
The sixty days lapsed in October 2022 and the same PSC just like the department, did nothing to date.
The bone of contention in this case was the department claimed it had head hunted Msibi but regulation 67 (7) of Public Service Regulations, 2016 was not followed and her head hunting narrative fell face first.
To this day the new MEC of Education Makalo Mohale and Premier, Mxolisi Dukwana have done nothing about this case.
Three months later on the 5th of November 2022, PSC released a far damning report which found senior government official, Bob Tladi, Acting Deputy Director General incorrectly approved the appointment of the second-best candidate.
PSC recommended disciplinary action against Tladi and members of the selection committee who incorrectly recommended that the second-best candidate be appointed.
The panel consisted of the following staff members:
Mr PL Legeferu, acting Director SCM (chairperson),
Ms E Ntlabezo acting Chief Director: Budget and Financial Planning but was replaced by Ms TMS Molebatsi,
Mr TK Sekhokho, Deputy Director: Logistocs, and Mr TS Nkaekae, HR Administrator as a scribe.
According to the score sheet, VB More scored 85% and was overlooked while TM Molloyi who scored 80% was appointed ASD: Acquisition.
More was then appointed to a position she did not apply for and her appointment was also found to be irregular.
The PSC also found the appointment of Cecil Ngwenywa who has a criminal record to be irregular.
Interestingly, the PSC found Jabu Khumalo who was appointed through the ministerial handbook like many in the current dispensation to be irregular as he only had matric while the position he occupied was a level 12 post and required a three-year degree or diploma.
In essence MECs sneak in people into political office who do not have minimum competence standard, minimum.
The PSC recommended the department to correct irregular appointments through its guide.
Many people in the Free State Provincial Government are in senior positions and these include those who are appointed through the ministerial handbook but they do not have the qualifications required.
Given the PSC commitment, we urge all public servants to report irregular appointments to PSC, for investigation, let’s clean this. You know them and you know how they got evaluated.
Humphrey Ramafoko, spokesperson for Public Service Commission said they monitor the implementation strictly.
“The Public Service Commission strictly monitors the implementation of its recommendations in terms of section 196 of the constitution and reports to the relevant authority and legislature on completed investigations.
The implementation of the Department of Education recommendation will also be strictly monitored.”
Asked about the alleged suspensions at Police, Roads, and Transport, Ramafoko said they have not received any complaints.
In conclusion, we asked Ramafoko about the unnecessary long suspensions and he said they advocate for strict compliance with the disciplinary code.
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