Question NW3772 to the Minister of Public Service and Administration
07 December 2023 - NW3772
Gondwe, Dr M to ask the Minister of Public Service and Administration
(1)With reference to her reply to question 3199 on 24 October 2023, what (a) are the details of the charges that were levelled against the specified employee that led to the employee’s subsequent suspension, (b) was the cost of the person’s suspension and (c) was the role of a certain person (name and details furnished) in advising her as Minister and the Director-General of her department on the specified matter; (2) who will take responsibility for the fruitless and wasteful expenditure that was incurred in relation to the suspension of the person; (3) what (a) was the quantum of the settlement agreement reached with the employee and (b) steps does she intend to take to exercise consequence management for a matter and/or case which brought her department into disrepute?
Reply:
1. (a) As responded to question 3199 the charges included several acts of misconduct relating to prejudicing the administration of the department, failing to carry out lawful instructions, abuse, insolence and gross insubordination. The details are in the charge sheet which can be made available if Parliament so permits.
(b) As responded to question 3199, the employee was suspended on full pay in terms of paragraph 2.7.2(b) of the SMS Disciplinary Code. The salary of the employee during the suspension was at salary level 15 notch 9 which amounted to a total cost, before taxes and deductions, of R4,772,395.87.
(c) The role of the certain person was to facilitate the appointment of legal practitioners through the Department of Justice to assist with the disciplinary processes and related matters and to support the Minister and the Director-General, where required.
2. There was no fruitless and wasteful expenditure incurred in relation to the suspension of the person.
3. (a) The cost of the settlement recorded in a court order issued by the Labour Court was as follows-
- R193,727.67 in respect of the re-instatement with effect from 1 September 2023;
- R1,871,454.00 in respect of a gratuity equivalent to 12 months’ salary;
- The other pension benefits were payable in terms of prevailing retirement laws by the Government Employees Pension Fund.
(b) The Department is not aware of any reputational damage that has arisen from it having exercised its right to discipline the employee.
End