Discipline Management exposes Community Safety, Roads and Transport

Staff reporter

Bloemfontein – The pro-longed suspensions with full pay of employees are becoming a thorn for the Public Service Commission (PSC) and the Department of Public Service Administration (DPSA).

According to the 2023 PSC report-themed discipline management in the public service, both PSC and DPSA raised concerns over accounting officers failing to conclude cases within 60 days.

Furthermore, the report highlighted pro-longed suspensions leading to fruitless and wasteful expenditure.

This was repeated by Anele Gxoyiya, PSC commissioner and he stated that there is a “need to beef up human resources in government departments.”

The constitutional court has held that employement disputes are, by definition, urgent matters that must be resolved quickly for the government’s business to continue operating and for the employees to earn a living. The purpose of the Labour Relations Act is, among other things, the effective, speedy, and expeditious resolution of the labor dispute.

Any delay in resolving labor disputes undermines the primary objective of the act.

For the 2021/22 fiscal, 167 employees were suspended with full pay both in national and provincial departments totaling R26 million.

Hardly two months before the report was issued, former Free State Premier, Mxolisi Dukwana invited SIU, HAWKS, Public Protectors, and the Public Service Commission to a stocktake meeting on 23 May 2023.

Stocktaking as Dukwana looks to fill vacant jobs in government and municipalities

According to the agenda, Dr Molefinyane Phera, who is now the acting Director General made a presentation on suspensions and DCs. It’s not clear if his presentation was captured in the PSC July 2023 report but there was a blood bath in motion at Free State Community Safety, Roads and Transport.

In April 2023, a WhatsApp text started circulating with names of employees who will transferred, charged, and dismissed.

One name that was mentioned in the text is that of Mohammed Ismail who has been on suspension for over a year.

A source from POPCRU confirmed the department is now trying to finalize his case following bad coverage they have been getting over how they handle cases.

His case has not been resolved in 60 days, not even 12 months.

This exposes the incompetency of the department and below is how:

Lekabe v Minister of Justice (2009) 2444(LC)
The labor court held that if the hearing is not convened in 60 days, the employee may come back to work but the employer does not lose the right to discipline an employee (but this is not a license for departments to be tardy.)

In another interesting judgment in Eastern Cape:

Stokwe v MEC Education in Eastern Cape
The court found that Ms Stokwe’s dismissal was substantively fair, but the delay rendered her dismissal procedurally unfair.

If cases are not resolved within 60 days, why is AGSA not holding HODS accountable for fruitless and wasteful expenditures?

Dr Molefinyane Phera, Acting Director General of FSPG did not respond to our questions regarding how much the FSPG spends annually on suspensions and if any HOD has ever been taken to task.

These questions were directed to him as he was presenting to the then Premier, Mxolisi Dukwana, SIU, Hawks, and Public Protector on 22 May 2023.

With DPSA rejecting deviation requests by at least three ministers, this should surely get the attention of the minister.

We will turn our focus to the Auditor General for answers.

If you have news or tips please email us at news@stepupsanews.co.za or WhatsApp 0685000246