Staff reporter
Bloemfontein – The response by MEC of Police, Roads, and Transport, MaQueen Mathae to a question about the re-employment of dismissed Monnapule Ntamo could prove to be inaccurate, to say the least.
This relates to a question by Economic Freedom Fighters (EFF) MP, hon Msimanga contained in the Internal Question Paper of 15 November 2023, in possession of this publication.
Msimanga asked Mathae about the re-employment of Magashule critic, Ntamo who was found guilty on charges by the department with the bargaining council overturning the guilty verdict.
However, the department took the matter to labor court and it found Ntamo guilty and overturned the bargaining council’s verdict and ordered the matter sit this time with a different commissioner.
The department following the labor court order, went with the overturned bargaining council’s verdict and re-employed Ntamo on a salary scale level 13, high notch.
QUESTIONS:
Hon. M Msimanga (EFF) asks the Hon. MEC responsible for CSRT: Ms. Letsoha-Mathae.
In the Labour Court Case of MEC-Police, Roads and Transport vs GPSSBC (1st respondent) and VM Morobane (2nd respondent) and MH Ntamo (3rd respondent), case No. R809/14 heard on the 19th of November 2015 and Judgement delivered on 31 January 2017, The Labour Court overturned the decision of the Commissioner of GPSSBC who ordered the re-installment of Mr. Ntamo. Labour Court found Mr. Ntamo guilty of the following two serious charges:
Charge1: Mr.Ntamo was found guilty of SCM Procedures he extended the scope of a service provider to provide breakfast and decorations without the approval of the accounting officer
Charge 2: Gross dereliction of duties in that he submitted a submission to the MEC to appoint 55 candidates instead of 52 candidates who met the advertised requirements, 2 of whom lacked the necessary qualifications contrary to the advertisements. The appointment led to the Department incurring irregular expenditure.
The Labour Court after finding Mr. Ntamo guilty of two serious charges, ordered the GPSSBC to assign the other Commissioner to determine the appropriate sanction after receiving and considering evidence on mitigation and/or aggravating factors and any legal argument that parties may wish to present.
- (b) Based on the above-mentioned Labour Court decision, did the Department go to the Bargaining Council as per the Labour Court Order to argue aggravating circumstances for the Commissioner to give an appropriate sanction as per the court order? If so, what appropriate sanction was given to Mr. Ntamo by the allocated Commissioner as per the Labour Court?
- (b)(i) If the Department did not go to the Bargaining Council to argue aggravating factors, what was the reason by the Department to act against the Labour Court order?
- (b)(ii) Is it true that the Department entered into a settlement agreement to reinstate the matter Ntamo? If this is true, who approved that settlement agreement on behalf of the Department? What was the basis for entering into a settlement agreement instead of complying with the Labour Court Order?
- (b) (iii) Was the settlement agreement with Mr. Ntamo issued under the auspices of the Bargaining Council? If not, why?
- (c) (i) Did the settlement agreement to reinstate Mr. Ntamo include being offered the top-notch salary level 13? If so, why and which relevant legal prescripts were relied upon by the Department in offering Mr. Ntamo a top-notch? Who approved that Mr. Ntamo be given the top-notch? Did the official who approved such top-notch have the powers and the delegations to do so in terms of the Public Service Act or Public Service Regulations?
- (c) (ii) Did the settlement agreement to reinstate Mr. Ntamo include a sanction as per the Labour Court Order? If so, what was a disciplinary sanction given to Mr. Ntamo by the Department after being found guilty by the Labour Court on the two charges mentioned above? If not, what was the reason the Department did not include the issue of a sanction on the settlement agreement even though he was found guilty of serious acts of misconduct by the Labour Court?
RESPONSE
4) (b) Yes, the Arbitrations Commissioner imposed no appropriate sanction. 4) (b) (i) The department did attend the arbitration proceeding, but there were prior engagements, therefore no arguments were offered by Respondent after the engagements advanced. 4) (b) (ii) Yes, the department did enter into a settlement agreement to re-employed Mr. M.H Ntamo, the respondent Honourable MEC: Mr. K. Bulwane, HoD: Mr. S.S Mtakati, Acting Chief Director: Corporate Service: Mr. S.S Sekobile and Director: Employee Relations: Mr. M.A Mopeli they met to discuss the issue and found a common ground pertaining the matter. As a result, employer representative Mr. P.J Mojai presented the settlement agreement previously drafted by the Respondent before the Commissioner following the orders. 4) (b) (iii) Yes, Mr. Ntamo’s settlement agreement was issued under the auspices of the Bargaining Council. 4) (c) (i) Yes, the top-notch salary level 13 was included in Mr. Ntamos settlement agreement. The officials listed in paragraph (4) (b) (ii) are the ones who may explain this regard, Mr. K. Bulwane is no longer the MEC, Messrs. Mr. Mtakati, and Mopeli has resigned, and Sekobile has been transferred to the Department of Agriculture. In that case, Honourable MEC can approve such a request, according to provisions of law.
4) (c) (ii) The sanction in accordance with the Commissioner`s interpretation and implementation of Labour Laws was not included in the settlement agreement.
Step UP has established Sipho Mtakati has never worked with William Bulwane and when he was suspended, his MEC was Sam Mashinini.
There were two submissions dated 18 August 2022 and 21 February 2023 respectively, the former was declined as NN Selai did not recommend re-employment.
According to both submissions the department cites law as the reason to re-employ despite a labor court ruling in the department’s favor.
When the first submission was done acting HoD was Thekiso.
Mtakati resigned on 31 January 2022 and the meeting that sat to resolve the Ntamo matter was in March 2022, two months after Mtakati had left and he could not have been part of those who agreed to the settlement as reported by Mathae.
In the final submission, the acting HoD was the incumbent, Dr Masego Tshabalala.
What happened to the employees who were added by Ntamo and the payment of the extended scope?
Hillary Mophethe, spokesperson for Police, Roads and Transport did not respond to our questions.
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