Staff reporter
Bloemfontein – The Free State High Court has dealt Masechaba Sesing, head of the department at Free State Treasury a huge blow in her attempt to thwart the public service commission’s report as she is of the view that, it is unlawful.
Seseing and PSC have been at it since the latter started a probe into the alleged misconduct by her following the complaint that she may have intercepted and interfered with the recruitment process.
According to the court judgment, the PSC found the panel recommended Mr Lebone for appointment of Director: Fiscal Policy but that changed after Treasury CFO telephoned Sesing.
“During this conversation, Botes informed Sesing that the selection committee recommended a male candidate over a female candidate.
Sesing immediately contacted the Chief Director: of Corporate Services, Ms Sithole, to solicit advice on what to do with the information received from Botes”, reads the court judgment.
EMPLOYMENT EQUITY
The reason why Sesing intervened is purely on Employment Equity but did the advert specify that?
Sithole then advised Sesing to intervene immediately as the selection committee might have taken a misstep by not taking the EE targets of the department. Sithole was part of the panel and as Chief Director; she ought to have known better.
“After phoning two other members of the selection committee she (Sesing) spoke to the chairperson of the selection committee, Mr Mabilo.
Mr Mabilo then agreed with Sesing and on his own, without any instructions from Sesing, reconvened the selection committee on 20 January 2023.
On this date, the selection committee changed its decision of recommending Mr Lebone and decided to recommend a female candidate, Ms Moduka.”
A complaint was then lodged with PSC and what followed was chaos and drama between Treasury and PSC.
The scheduled meetings by PSC with panel members were canceled twice, by Rampai Attorneys, and that forced PSC to rather send questions instead of personal interviews.
Court judgment shared light as to what happened with Sesing’s appearance on 20 September 2023 and it was reported that she decided not to participate in the inquiry when she was told her lawyers would only be observers.
PSC made the following recommendations on 24 November 2023:
- The MEC for Provincial Treasury must declare the process to fill the post of Director: Fiscal Policy a flawed process, regard it null and void and re-advertise.
- The MEC must subject Ms. JH Botes to disciplinary action, for disclosing confidential information to an unauthorized person
- The MEC must subject Mr TM Mabilo to disciplinary action, allowing the HOD to unlawfully intervene with and intercept a recruitment and selection process he was entrusted to chai.
- The MEC must also subject Ms M Mokotso to disciplinary action, for failing to advise the selection committee against accepting and implementing a piece of advice which the HOD unprocedurally and irregularly gives.
- The Premier, and the Executive Authority responsible for a career incidence of HODs in the Province, must take disciplinary action against the HOD, Ms. MA Sesing, for unlawfully interfering with and intercepting the recruitment and selection process to fill the post of Director: Fiscal Policy at the Department.
Sesing then approached the court on an urgent basis to interdict MEC Gadiga Brown from implementing the PSC report.
Handing judgment, Judge Heffer dismissed Sesing’s application with costs.
With the PSC report out, we shall now ask the Public Protector and SAICA if their investigations are concluded.
Will Sesing bring her legal representives to her hearing when Dukwana convenes disciplinary hearing against her?
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