Staff reporter
Bloemfontein – Barbara Creecy, Minister of Transport will soon be advised to institute a forensic investigation into the Setai settlement, this is according to Collen Msibi, national spokesperson for National Department of Transport after legal section of the department distanced itself from R4.3 million settlement reached in October 2012.
This follows a review application launched in the North Gauteng Hight court by Advocate James Mlawu, erstwhile Director-General asking the court to review and set aside the settlement.
Mlawu argued that the R3.5 million “pay out or golden hand shake” was more than the total salary that was received by Setai during her employment.
Setai’s salary package was R635 874,00 per annum and at the time of her dismissal, she was employed by DOT for a period of two years and four months.
According to the settlement agreement in possession of this publication, it was made an order of the court and George Mahlalela, former DG approved it.
Mahlalela is the same DG that dismissed Setai few months earlier on the 8 June 2010.
Setai was dismissed following a disciplinary hearing chaired by Advocate Denga Mulima, Commissioner at bargaining council. Advocate found Setai guilty on 13 of 14 charges.
Two years after her axing, Setai was settled.
Collen Msibi, national spokesperson for National Department of Transport said the legal section of the department was not part of the team that worked on the settlement.
“Unfortunately, officials who worked on the settlement agreement are no longer in the employ of the department. The custodians of settlement agreements in the Department, which is the legal section, have also confirmed that they were excluded as part of the team that worked on the settlement agreement. They are, therefore, not aware if there was legal advice on this matter.”
About the R3.5 million “golden hand shake” former DG, Advocate Mlawu raised considering Setai had only worked for 2 years and 4 months, Msibi said they do not have relevant fact.
“We do not have the relevant facts. The officials who worked on the settlement agreement left the department years back.”
Asked if Office of The Premier in Free State had at least made an inquiry as part of due diligence before Setai was appointed he said.
“The HR section confirmed that it did not receive any inquiry from the Free State Provincial Govenment in this regard.”
In conclusion we asked Msibi if the department is considering involving SIU and he said the Minister will be advised to institute forensic investigation.
“The legal section has been instructed to establish the origins of the settlement agreement and its legality as captured in the court papers that have been filed with the court. The executive authority will soon be advised to institute a forensic investigation in this regard. Criminal charges will be pressed if wrongdoing and abuse of public funds are established during an investigation.”
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