Concern over former IEC chief’s possible return to agency

Former Electoral Commission of SA (IEC) chief electoral officer Mosotho Moepya, who left the commission under a cloud, could soon return to the agency as a commissioner.

He is one of eight names put forward by a panel, led by Chief Justice Mogoeng Mogoeng, to fill three positions at the IEC. The others are Bongani Finca, Maletlatsa Ledingwane, Nomonde Mapetla, Nomsa Masuku, Bernedette Muthien, Liepollo Lebohang Watseba Pheko and Judge Dhayanithie Pillay.

The Council for the Advancement of the South African Constitution (Casac) and My Vote Counts had raised concerns about Moepya’s nomination for a position as commissioner. United Democratic Movement president Bantu Holomisa had also lodged an objection.

Former public protector Thuli Madonsela recommended disciplinary action against Moepya for failing to provide crucial information during her 2013 investigation into a dodgy lease agreement for the procurement of IEC headquarters, which claimed the job of then chairwoman Pansy Tlakula.

This was in relation to his role in authorising the payment of R500,000 to Tlakula in legal expenses from the IEC so she could challenge the public protector’s report.

But Moepya says he was treated unfairly in the matter and did nothing wrong.

Moepya was one of 23 shortlisted candidates interviewed last week and the issue about the public protector’s report was raised during the interviews.

He submitted an affidavit on the matter to the panel, at Mogoeng’s request.

Moepya said when Madonsela was investigating the matter he was told he was not being investigated, and he was never furnished with the interim report based on this. However, when the final report was released, there was a finding that he had failed to provide certain documents and information that had been requested by the public protector.

Moepya said that following this finding he had provided the public protector’s office with “emails of them acknowledging my cooperation”.

It was based on this report that the IEC then instituted disciplinary measures against Moepya, who had initially approached the Labour Court to fight this, but in the end the matter was withdrawn when the commission offered to settle with him.

Moepya said the IEC at the time had offered him a new contract, which he had declined, and he then left the employ of the commission.

Moepya’s only remedy now would be to take the public protector’s report on review, which he said was too costly.

Moepya also said that current Public Protector Busisiwe Mkhwebane, who was also on the interview panel, had apologised to him in a letter.

“I challenge anyone to go find anything that I have done wrong,” he said.

Casac executive secretary Lawson Naidoo said there were still concerns around his possible return to the IEC and that the parliamentary committee would need to interrogate it further.