Public Protector and PSC reports show Education Department has always been a SPAZA SHOP

Staff report

Bloemfontein – The Department of Education in Free State has always been a SPAZA SHOP.

In 2022, Public Protector of South Africa found maladministration, procurement irregularities and misconduct.

Public Service Commission
Public Service Commission (PSC) released two damning reports in August and November 2022, both reports found the department wanting.

In the first report PSC found the head hunting of Zoleka Msibi was “irregular” and the department was given 60 days to correct the irregular appointment. The 60 days lapsed on October 2022 and nothing happened.

HEIST IN MOTION AT FREE STATE EDUCATION

The complaint from JJ Wessel’s stemmed from the story we published above and he approached Public Service Commission.

Four months later, the second report released November 2022, this was worse.

FoE was again given 60 days to provide an implementation plan including disciplinary hearings for senior managers but 3 years later no action taken.

The commission was investigating at least 21 cases of alleged irregular appointments after complaints from Wessel’s.

The report dated 15 November 2022, in possession of this publication is confirming exactly what we have reported about the department.

In one incident, the department appointed Cycil Ngwenya, a convicted criminal.

“Given the failure by the department to provide the information pertaining to the criminal record of Mr Ngwenya, the PSC can conclude the department did not conduct the criminal record check on Mr Ngwenya.

Mr Ngwenya could not be reached by IO on his cell phone.”

Dealing with the finding the PSC report reads.

“The fact that the post was not advertised, and that Mr Ngwenya was not subjected to to a normal recruitment and selection process, amounts to irregular appointment.”

With regards to the recommendations, PSC recommended that:

“The department should correct the irregular appointment of Mr Ngwenya, in line with the PSC’s Guide to Correct Irregular Appointments, issued in 2018.”

Another appointment deemed irregular by the PSC is that of Jabu Khumalo as we previously reported, according to the report the allegation was:

“Mr Khumalo was appointed to the post of DD: Internal Communications (salary level 12), without possessing a tertiary, or equivalent qualifications.

The information received further revealed that Mr Khumalo was previously appointed on a permanent basis in the office of EA as Parliamentary Liaison Officer, at salary level 12, and EA approved his internal transfer to the post in line with section 14 (2)(b), read with section 14(3)(a) of PSA, 1984 (as amended).

Further scrutiny on Mr Khumalo’s educational qualifications has shown that he has a matric certificate only. The PSC requested the Job Description and Job Evaluation results, The JD was provided by the department, but does not reflect academic requirements for the post. The job evaluation was not provided by the department to the PSC.”

The report found that:

“Since Mr Khumalo has on a matric certificate, the allegation that the post was filled by a person who does not have possess a tertiary qualification is substantiated.”

The recommendation was the department to correct the irregular appointment as per PSC guidelines of 2018 just like in Ngwenya’s case.

The correction according to PSC regulations would mean the department goes to Labour to set aside these appointments.

Our of 21 cases its only in one incident where PSC recommends disciplinary actions against selection committee members and acting DDG: Corporate Services.

This after the panel appointed Ms Molloyi who got 80% instead of Ms VB More who got 86% and recommended More to a position she did not apply for and that appointment was also found to be irregular.

The panel members were:
Mr PL Legegeru- acting SCM who was the chairperson
Ms E Ntjabezo – Acting Chief Director: Budget and Financial Planning (Member) – replaced by Mr TMS Molebatsi
Mr TK Sekhokho – DD: Logistics: SM (Member)
Mr TS Nkaekae – HR Administration (Scribe)

The acting Deputy Director General: Corporate Services: Bob Tladi despite both PSC reports he didn’t just survive the disciplinary hearing, his acting in the same role is forever extended.

Tladi’s appointment has always raised eyebrows with staff at the time alleging he is the enabler for MEC Makgoe, Fanie Sithole who was DDG: CS was moved suspiciously to Districts and Curriculum.

In May 2023, Humphrey Ramafoko, spokesperson for Public Service Commission said they monitor the implementation strictly.

“The Public Service Commission strictly monitors the implementation of its recommendations in terms of section 196 of the constitution and reports to the relevant authority and legislature on completed investigations.

In December 2023, Howard Ndaba, spokesperson for the department of Education said.

“The report was received and is currently under consideration. Once the department is ready and has studied it, we will communicate with the PSC.”

In 2025, this is what Ndaba said.

“The PSC report remains an internal document that is being processed with full appreciation of the rights of the individuals that are implicated. The legal process currently followed by the department remains sub-judice.”

In three years the PSC is dead silent on Education failing to implement its reports but ran faster than Usain Bolt asking Premier to take action against Masechaba Sesing.

Since the reports were issued, PSC had three commissioners and the Education department had three MECs but none took action.

Dr Maki “Mathlabs” Maboya is the incumbent MEC, she also has Mathlabs monkey behind her back.

The trip that cost Free State Education millions

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