Staff reporter
Bloemfontein – The Ministry of Transport has filed court papers to review and set aside the R4.3 million paid to Matshediso Millicent Setai, it’s former employee in 2012.
According to court papers in possession of this publication, Setai who is now the spokesperson for Joyce “Pretenders” Mathae, Free State Premier joined Ministry of Transport on the 1 March 2008, was suspended on the 19 September 2008 following a recommendation by KPMG after conducting a forensic investigation.
She faced 14 charges and was found guilty on 13 charges proffered against her. She was dismissed following a disciplinary hearing chaired Advocate Denga Mulima, commissioner at bargaining council.
Below are charges she faced according to pre-dismissal arbitration:
- PROCUREMENT IRREGULARITIES AND OR NON-COMPLIANCE WITH TENDER PROCEDURES
Unlawful procuring the services of Yardstick CC without following a competitive bidding process. - GROSS DISHONESTY
Unlawfully and intentionally made the following misrepresentations to BIDCOM, in a motivation dated 30 July 2008, for the appointment of Yardstick to provide certain services to the NDOT dated 30 July 2008. - PROCUREMENT IRREGULARITIES AND OR NON-COMPLIANCE WITH TENDER PROCEDURES
Irregularly procured services from a company, C Squared Consumer Connectedness by commissioning them to provide services to the NDOT under the pretence that they would be formally subcontracted to service provider that the NDOT intended to appoint during August/September 2008. C Squared incurred expenditure in the amount R3 833 991. - GROSS DISHONESTY
Unlawful and intentionally misrepresented to Mr Ben Moseme, a representative of C Squared that Director-General of NDOT, Ms Mpumi Mpofu, knew that cosultants were involved in preparation for October Transport Month project; that C Squared would be subcontracted by a service provider that the NDOT intended to appoint during August/September 2008; that you had the authority to involve C Squared in the October Transport Month (OTM). - GROSS DISHONESTY
Misrepresented to Mr Kafaar, the Manager: Communications of Western Cape Transport and Public Works that the NDOT had budgeted an amount of R3 000 000 for a music festival at Paarl, as part of the OTM project while you knew or should have known the DG of NDOT had not approved the budget for the OTM project.
As a result of your dishonesty and misrepresentation you induced the Western Cape Transport and Public Works to pay R4 000 to secure a venue of the proposed music festival.
- PROCUREMENT IRREGULARITIES AND OR NON-COMPLIANCE WITH TENDER PROCEDURES
Irregularly procured services of Exclusive Management (PTY) Ltd (EMS) and Lindelani Mkhize Entertainment (PTY) Ltd (LME), by commissioning them to provide services to the NDOT representing to them that they would be formally subcontracted to a service provider that NDOT intended to appoint during August/September 2008.
EMS and LME rendered certain services to the NDOT to the value of R750 000.
- IRREGULAR ATTEMPT TO PROCURE SERVICES
Attempted to procure the services of Hope Zinde Communications (HZC) under pretence that HZC would be subcontracted to a service provider that NDOT intended to appoint during August/September 2008.
HZC refused to accept the account because you could not provide her with an order number.
- PROCUREMENT IRREGULARITIES AND OR NON-COMPLIANCE WITH TENDER PROCEDURES
Irregularly procured services of Motswako Media and Three Dot, by commissioning them to provide services to the NDOT representing to them that they would be subcontracted to the service provider that NDOT intended to appoint in August/September 2008, as a result Motswako Media and Three Dot incurred expenses of approximately R76 922.64. - PROCUREMENT IRREGULARITIES AND OR NON-COMPLIANCE WITH TENDER PROCEDURES
Irregularly procured services of Lawrance Barit, by commissioning him to provide services to the NDOT representing to him that he would be formally the Minister’s Imbizo Event in Qwaqwa, Free State, scheduled for 11 and 12 May 2008, representing that to Groove that their services could be procured under the contract been the NDOT and Groove, which was in force at the time.
Groove accordingly rendered services to the value of R4 234 924,78
Your failure resulted in the irregularly procurement of the R4 234 924,78
10, 11, 12 and 13 GROSS NEGLIGENCE
failed to properly establish whether there were sufficient funds available in terms of the above mentioned contract between NDOT and Groove.
14. GROSS DISHONESTY
falsely represented to Mr Mpolokeng Makhari, Head of office, in the Ministry of Transport, that the Minister of Transport had given you permission to use his signature stamp for the purposes of letters addressed to various parties to seek donations for OTM project.
As a result of your misrepresentation, Mr Makhari handed the Minister’s signature stamp, which you appended to various letter seeking donations for the OTM project.
This constitutes gross dishonesty and abuse of power.
PLEA
Setai pleaded not guilty and presented that she made no mistakes whatsoever and had not contravened any procedures or omitted to follow any prescribed procedures.
Further, she would challenge the validity of certain circulars, that Treasury Note 8 of 2007/6 had no application to her as she was neither the DG nor CFO and BIDCOM had no legal status.
Setai blamed her colleagues of “backstabbing”, and “conniving personnel” that was not supportive, the unit was “poorly trained”, she had not been inducted and never received training on SCM.
Testifying against Setai, Mpumi Mpofu, former DG said it became apparent that she had problems with SCM and was requested at one stage by Minister to intervene in problems between the two colleagues: Ms Setai and her subordinate. She treated him as if he didn’t exist, e.g deciding that she would not work with this one and therefore that he must go, she would like to replace her managerial staff etc.
She had staff she chose not to work with, wanting to get rid of them. That pointed to her that she lack managerial skills.
VERDICT
Advocate Mulima said:
“I have dealt with allegations against Ms Setai a they appear in the charge sheet. Except for charge 14 (relying on the above findings) I determine that the employer had good grounds to pursue her actions, she conducted so low to the position of power that she occupie. Despite advise, assistance and the knowledge she undoubtedly had, she went ahead breaking such rules duly set down by the employer for her good administration on procuring services.
I find her guilty of all charges levelled against her, except for charge 14.
Parties are requested to present mitigating and aggravating circumstances.”
MITIGATING
“Despite numerous effort, requesting the employee party to submit mitigating circumstances, there was nothing presented”, said Advocate Mulima.
SANCTION
I pronounce dismissal from the public service. It is the appropriate sanction.
Setai was then served on the 8 June 2010.
SETTLEMENT
On the 22 October 2012, Setai approached Minister of Transport and without any appeal, she was paid R4 300 000 broken as follows:
R3 500 000 ( compensation)
R800 000 (contribution to the reasonable comparable estimated legal costs.
“The amount was paid to Setai after she has been dismissed from the employment of the NDOT, which ruling remains valid today”, said former DG Advocate James Mlawu
REVIEW
James Mlawu, erstwhile Director-General launched a review process of the settlement the department reached with Setai.
In court papers Mlawu wants the court to set aside the settlement and that Setai pays back the R4 300 000.
He argues Setai was dismissed and that ruling has never been set aside and at the time of the settlement NDOT had no legal authority as Setai was no longer an employee.
Dr Solomon Phera, acting Director-General of Free State Provincial Government didn’t respond to our questions including if any due diligence was done when he appointed Setai.
This is a developing story.
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