Staff reporter
Qwaqwa – With local government elections just 29 days away, governance and compliance at Dihlabeng Local Municipality remain a thorny issue.
Following allegations of nepotism and unlawful stipend increases for interns, there is more.
STEPUPSANEWS can confirm that a 2023 Public Protector’s report into two unlawful appointments has not been implemented, despite clear recommendations.
This follows complaints received by the Public Protector against two employees who were hired despite not meeting the requirements.
The allegation that functionaries of the municipality irregularly appointed Mr Fukisi and Mr Mokoena to the positions of Manager: Public Safety and Unit Manager: Clarens, respectively, while they did not meet the minimum requirements for the posts, is substantiated.
Public Protector’s findings
“Furthermore, the evidence indicates that Mr Fukisi did not hold a Certificate in Fire Technology, which was a requirement for the post and necessary for the duties to be performed. It was further established that none of the shortlisted and interviewed candidates were in possession of the required Certificate in Fire Technology.
In respect of the appointment of Mr Mokoena, the evidence revealed that the National N Diploma issued to Mr Mokoena is not equivalent to a Bachelor’s degree in line with the NQF levels recognised by SAQA and required for the post in terms of the advertisement.”
Contravention
“Therefore, the shortlisting and subsequent appointment of Mr Fukisi and Mr Mokoena by the functionaries of the municipality were in contravention of the provisions of section 195(1) of the Constitution, read together with paragraph 6.4 of the Municipal Employment Practice Policy”.
Remedial Action
The appropriate remedial action in terms of section 182(1)(c) of the Constitution is as follows:
The Executive Mayor
“Within ninety (90) calendar days from the date of this report, in terms of section 56(3)(f) of the Municipal Structures Act (MSA), 1998, table the report before the Municipal Council for deliberation and obtain approval for the appropriate course of action to address the irregular appointments of Mr Fukisi and Mr Mokoena as Manager: Public Safety and Unit Manager: Clarens, respectively, including pursuing a judicial review, as provided for in section 158(1)(h) of the LRA.”
The Municipal Manager
“Within sixty (60) calendar days from the date of this report, in line with section 10(1)(a) of the Public Administration Management Act, 2014, ensure that all Municipal Human Resource Management officials and Senior Managers are trained to comply with paragraphs 6.3.3 and 6.3.4 of the Employment Practice Policy in every recruitment process, to establish the validity and accuracy of qualifications supplied by applicants, in order to ensure that future appointments are made in full compliance with the Policy”.
The report is untouched like a virgin while Fukisi and Mooena smile as they continue to ocuppy positions they never met requirements.
This is the same municipality that wants to write off R850 million.
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