PSC finds a transfer of an employee at Community Safety, Roads and Transport “irregular”

Staff reporter

Cape Town – The Public Service Commission (PSC) in Free State has found the Department of Community Safety, Roads and Transport “irregularly” transferred an employee and recommended with immediate effect to “correct irregular transfer”.

This followed a grievance referred to PSC by DI (Thembi) Mohai on the 19 February 2024.

Mohai was transferred on the 13 November 2023 by Dr Masego Tshabalala, Head of Department.

She alleged:

• Dr Masego Tshabalala, Head of Department did not have the power to transfer her

• She (Mohai) did not request or consent to the transfer, nor consulted prior to the decision taken

• No due regard was made of the inherit requirements of the post she was transferred to when the decision was taken

However, the PSC found:

• Tshabalala, had the powers to transfer her and any one from level 1-14

With regards to the transfer itself, the PSC found:

• No evidence to show Mohai had requested a transfer or consented to the transfer nor was she consulted prior to the decision taken.

According to PSC, the department only gave Mohai reasons of her transfer on the 9 February 2024, four months after her transfer.

In the letter, the department indicated the transfer was based on the assessment of her “competence” but failed to provide details of the assessment of her “skills and expertise”.

VERDICT

PSC found:

The allegation that Dr Masego Tshabalala, Head of Department does not have e the powers to transfer her to be unsubstantiated as she has powers to transfer employees from level 1-14.

The allegation that she didn’t request a transfer or consented nor consulted to be substantiated.

The allegation that she does have the “experience and skills” for the position she was transferred substantiated.

REMEDIAL ACTION

The PSC recommended the department should, with immediate effect “correct irregular transfer” in a report dated 2 August 2024 but has she returned to her position?

ADVICE

The PSC advised department should follow correct procedures if it wishes to transfer employees.

The department should ensure qualifications, knowledge and experience of the official are relevant and aligned to the post the employee is transferred to.

This is in contrast to what Dr Tshabalala said few months ago when she said they followed processes when they transferred employees.

With no less than 50 employees transferred by Dr Tshabalala, since her appointment, God knows how many of those were “regular”.

Tshabalala was called a clown by staff after insisting the transfers were above board, below:

“It has turned into circus” – staff accuse HOD of being a clown

Mohai as junior as she is, she joins the elite list of only four employees to challenge their transfers. She will be be remembered as as employee who challenged unlawfulness like Sipho Mtakati, Mosa Masemene and Dr Takisi Masiteng.

We will follow up with PSC about alleged irregular transfers at Social Development which were sent to President Ramaphosa just before elections.

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