Question NW4113 to the Minister of Public Enterprises
08 January 2023 - NW4113
Gondwe, Dr M to ask the Minister of Public Enterprises
(1) Whether a certain person (details furnished) was suspended from his department during the period 1 January 2014 up to 31 December 2016, if not, what is the position in this regard; if so, (a) what were the reasons for the suspension, (b) what were the charges brought against the person, (c) were any of the charges brought or matters uncovered related to irregular appointments made by the person and (d) were such irregular appointments reported to the Public Service Commission. (2) Why did this person resign before the conclusion of the disciplinary hearing, (3) Was Cabinet informed of the persons previous disciplinary record as Director General (DG) of the Department of Public Service and Administration; if so, why did Cabinet concur with the appointment despite the known previous disciplinary record; (4) Why was no reliance places on the provisions of Section 16(4)(b) of the Public Service Act, Act 103 of 1994 with regard to the person; (5) Was the chairperson of the disciplinary hearing at his department the same advocate who was appointed by the person at the Department of Public Service and Administration during the persons tenure there as DG?
Reply:
1. Yes, the person was suspended,
(a) The employer believed that the presence of the official may jeopardize the investigation into alleged misconduct and / or endanger the state property.
(b) Charges were gross negligence, in failing to take appropriate remedial steps against a subordinate on alleged breaches of policies in respect of to appointments, salary upgrades, a approving job evaluation recommendations which led to improper salary upgrades and approving an invoice which led to irregular expenditure.
(c) None of the charges relates to irregular appointments by the official.
(d) None of the charges relates to irregular appointments by the official.
2. The resignation letter did not state the reasons for resignation.
3. The Department does not have any records tabled at Cabinet in relation to the appointment of the official. The Department of Public Service and Administration maybe in a position to respond on how processing of the appointment of the official was facilitated including reference checks.
4. Parties (DPE and the official) reached a settlement agreement to all disputes between them. As a result, the settlement extinguished any misconduct issue DPE had against the official in which Section 16(4)(b) could not be applied because there was no longer any pending case against the official which needed further processing to enable the transferring of the matter to the Department of Public Service and Administration.
5. The Department of Public Service and Administration is the sole custodian of records of any appointments done by them. The Department of Public Enterprises is not in a position to assist in validating the said appointment due to restricted access to the records system of the Department of Public Service and Administration.
Remarks: Reply: Approved/Not Approved/Comments
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Jacky Molisane PJ Gordhan, MP
Acting Director-General Minister
Date: Date: