Legislature official ‘exonerates’ himself
A REPORT into “persistent allegations of impropriety”, compiled by the Office of the Secretary at the Northern Cape Provincial Legislature (NCPL) and which has cleared management of any wrongdoing, has been questioned over its impartiality.
An audit committee was reported to have sat yesterday to discuss some of the items mentioned in the report.
The report was signed off by the Secretary to the Legislature, Patrick Moopelwa, who is himself a subject of the investigation after he was accused of being the recipient of undue benefits to the value of R534 231.06.
A whistleblower, who is a Nehawu representative and legislature employee, was threatened with suspension in August after alerting the auditor-general about alleged financial irregularities at the legislature.
“Why would I risk losing my career if the information was not accurate,” she stated.
The auditor-general was informed of an alleged irregular payment of R367 788.18 that was made to Moopelwa and an additional R13 870.24 monthly payment.
Leave payment made to Garth Botha, upon his resignation as finance manager, amounting to R116 301.87, as well as another leave payout of R92 106.26 before he was appointed as the the chief financial officer (CFO) at the legislature, was also reported for investigation.
Nehawu regional secretary, Thami Mkhila, stated yesterday that the union had not received a copy of the report yet.
“Nehawu intends opening criminal charges of fraud regarding the irregular payments. If our shop steward is suspended, the legislature will be facing strike action,” added Mkhila.
Criticised
Nehawu had previously criticised the appointment of officials who apparently did not meet the job requirements or possess the necessary experience.
The union condemned the appointment of an auditor at the legislature, who was previously employed at the Auditor-General’s Office, who never applied for the job.
The union believed that this appointment was made in order to deliver a clean audit outcome.
“The union is of the view that the position was awarded in exchange for a clean audit outcome that is not a true reflection of the audit report of the legislature,” Mkhila said.
Cope MPL Pakes Dikgetsi, who in August requested the Speaker of the legislature to investigate “repeated acts of impropriety” at the legislature, has questioned the findings of the report.
“An independent, reputable law firm should have been appointed to conduct an investigation. You cannot both investigate and exonerate yourself,” said Dikgetsi.
The report from the Office of the Secretary, which was addressed to the legislature’s Speaker, Kenny Mmoiemang, dismissed the “unsubstantiated attacks on the character of the legislature”.
“Sadly management has been judged (as being) guilty, even before it was given a hearing, and now we are forced to prove our innocence. Management is confident that all the allegations are false … and is not guilty of any impropriety.”
The investigation explained that the legislature’s secretary, Moopelwa, was offered a salary scale equal to that of the previous secretary in 2014, as he left a permanent position to take up a contract position.
“The current secretary accepted the offer and negotiated a 10 percent non-pensionable allowance equivalent to that of HODs in public service. The allegation that the current secretary suggested that he qualified for an HOD allowance in terms of the Public Service handbook is a lie and misleading.
“The current secretary has served the legislature since 1996 in different positions with commitment, honour and dignity and this unjustified attack on his persona should not be allowed.”
The report specified that there was “nothing irregular or inconsistent” regarding the payout leave to the CFO.
“The appointment of the CFO on November 27, 2014 was not a promotion but rather an offer and acceptance of a new position. Following a complete and proper recruitment and selection process, the current CFO was offered the position. The current CFO resigned from the position of finance manager on November 28, 2014 and requested that the notice period be waived, as permitted by the conditions of employment.”
It stated that his resignation was a “legitimate and lawful resignation.”
“Subsequent to the resignation, outstanding leave credits were paid out as required by the approved leave policy.”
It added that the CFO had filled in annual leave for study leave purposes in 2009, where he consequently lodged a complaint regarding the “unfairness and inconsistent application of the study leave”.
The report insisted that the clean audit the legislature received from the auditor-general for the 2016/17 financial year, was an accurate reflection.
“The clean audit is as a result of consistent, hard work since 2012 … and not some miraculous overnight turn of events in 2016.
“The fact that former employees of the auditor-general take up positions in the state is not strange or unique to the legislature. It should not come as a surprise when these qualified, articled individuals are appointed in positions that require their skills. It is only a suspicion, with no evidence, to support the view that legislature management ‘bought’ the clean audit.”
It further stated that the rules committee was not being undermined and that all appointments were being made according to selection and recruitment procedures.
The report noted that the legislature had lowered the selection criteria regarding the level of formal education, since most of the employees who applied did not meet the requirements in terms of qualifications and experience.
It further stated that there was no use of intimidation, victimisation, threats or harassment or any cases of sexism and chauvinism reported against any senior manager.
Spokesperson for the Office of the Speaker, Mpho Masina, stated that Mmoiemang was currently consulting with internal stakeholders in relation to the allegations.
“The Speaker will also be meeting with the leadership of Nehawu on this matter. All efforts are being made to conclude this matter.”