Staff reporter
Bloemfontein – As the Department of Community Safety, Roads and Transport dilly dallies over the implementation of the damning Free State High Court judgment, we track every decision taken during the period in question.
Judge C Van Zyl ruled that Dr Masego Tshabalala did not have the authority to act after her acting appointment expired on 23 February 2023.
The judge ordered the reinstatement of Norman Selai and declared any “action and decision” taken thereafter unlawful, including disciplinary action against Selai.
This judgment goes beyond Selai, but raises serious questions around governance in the Free State Provincial Government and whether those in positions of power lack a basic understanding and comprehension of the Public Service.
That lack of understanding and comprehension extends to the Public Service Commission in the Free State.
A similar issue was raised by Papi Masilo after he was dismissed in the middle of a disciplinary hearing. Read that again: in the middle.
The hearing was adjourned after Masilo asked for Tshabalala’s acting letter, which could not be provided, with the argument being that she did not have the authority.
A few days later, he was dismissed notwithstanding the adjournment.
Following his dismissal, Masilo wrote to the PSC on 24 February 2024.
On 8 August 2024, PSC caretaker Commissioner NN Ngwenya said the allegations that Dr Tshabalala’s acting appointment was unlawful were unsubstantiated.
“The allegations that the acting period of Dr Tshabalala exceeded the prescribed timeframe, as her acting appointment was unlawful, are found to be unsubstantiated.
“It has been further established that the initial acting period of Dr Tshabalala ended on the 13 June 2023, by virtue of her being formally seconded to act as the HOD at the Department by the Premier, Mr Mxolisi Dukwana, from 14 June 2023.
“Regulation 63 (1) of the Public Service Regulations, 2016, regulates that an employee directed to perform other functions in terms of section 32 of the PSA, 1994, as amended, shall perform the functions for a period not exceeding twelve consecutive calendar months.
“Therefore, Dr Tshabalala’s acting stint from 22 August 2022 to 13 June 2023 didn’t exceed the prescribed period.”
The court said, hold my beer, and pulled out Chapter 8 of the SMS Handbook.
Paragraph 16 closed the case.
16.3 A manager acting as HOD may not do so for an uninterrupted period exceeding 6 months.
Her acting appointment ended on 23 February 2023 and he did PSC miss that? Prof Somododa Fikeni must look into his Free State office.
Even on appeal, the prospects are zero.
Should Masilo take his matter to court and challenge his dismissal on the basis of lawfulness, he will win.
The same goes for everyone who was transferred, dismissed or demoted.
We call on each and every staff member who was on the receiving end of the unlawful acting appointment to come forward and join forces, approach the court, and legally nullify those actions and decisions.
Ziyakhala manje.
Another action and decision we will unpack is the reappointment of Monnapule Ntamo simply because it was against a court order.
Meanwhile the African National Congress has allegedly asked government to raise at least R1 million for its gala dinner aimed at raising funds.
This in the height of life style audits by SIU they must go steal for the party otherwise where are they expected to get the money…
Indeed, a stubborn fly follows the corpse to the grave.
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