Staff reporter
Bloemfontein – The Public Service Commission in the Free State has found the appointment of a senior manager at Free State Health to be irregular and unfair.
In a 12-page report in possession of this publication, dated 21 October 2022, the department or rather Executive Authority was given 60 days (which lapsed on 21 December 2022) to remedy the irregular appointment but to date, nothing has been done.
This follows a complaint launched with the PSC on 8 April 2022, alleging that an appointment in the post Director: Legal Services was irregular without meeting the requirements for the post, since the person appointed is neither an admitted attorney nor an admitted advocate as required in the advertisement.
According to the advertisement, the following requirements were listed:
a) undergraduate qualification (NQF level 7) as recognized by SAQA in legal/law (LLB) or equivalent
b) Drivers license
c) 5 years experience at Middle Management Level
d) Admitted Attorney/Advocate with popular
In response to PSC the Department of Health in a letter dated 6 June 2022 indicated that Mr Moticoe is not an admitted attorney or advocate.
The Executive Authority which in this case was MEC Tsiu proceeded to approve the appointment of Mr Moticoe, without him meeting the requirement in the advertisement, which was to be an admitted attorney or advocate with populate.
The report further states during an interview with an investigating officer on 7 July 2022, Mr. Motingoe said he “was” admitted as an attorney but had been struck from the role of practicing attorney.
Motingoe, according to the report declare to the department in the interview integrity check form that he has been subjected to a disciplinary hearing by the law society, and this culminated in him being struck from the role of attorney.
Despite all these, he was appointed.
What was interesting in this process is the panel consisted of at least two doctors and two advocates yet they still recommended him.
The panel consisted of the following:
Dr D Motau Head of Department as chairperson
Mr. MW Fikizolo acting DDG Corporate Services
Dr. MP Molokomme acting DDG Clinical Health Services
Advocate A Swanepoel Chief Director
Advocate KJC Ditira Chief Director
Me NL Mahlangeni acting Chief Director: HRM and Planning
AZG Bebula Deputy Director: HR Administration
In conclusion, the report blamed the panel.
“The panel did not comply with regulation 67(5), which prescribes that the selection committee shall make a recommendation on the suitability of a candidate after considering only the inherited requirements of the post. The committee failed to consider all the requirements stated in the advertisement, in that it headhunted and shortlisted an individual who did not meet the requirement of being an admitted attorney or advocate.
Dealing directly with the finding the report reads.
Given the foregoing, the allegation that Mr. MS Motingoe was irregularly appointed, on the basis that he did not meet the requirements, that is, to be an admitted attorney or advocated, is found to be substantiated.
In other news, the Department of Health has advertised one position, that of Chief Director of Supply Chain after halting level 1-8 jobs.
Is this position reserved for someone specific? Time will tell.
The provincial government was also fingered by Minister Nxesi last year in relation to senior managers who do not have required qualifications.
This is a developing story
Free State Health has resolved not to respond to our inquiries.
That man must be removed from that position if he is unqualified.