Official fingered for delay in probe
Discrepancy over protectors’ reports
An investigator in public protector Busi Mkhwebane’s office is facing disciplinary action for taking too long to finalise a probe into a former public servant’s case.
Siphokazi Jika, who is based in Mkhwebane’s Eastern Cape office, is facing disciplinary steps for not completing the investigation into former social department and justice department employee Zanele Malanda’s 2004 complaint.
Malanda’s complaint centered around her alleged illtreatment by the government.
Mkhwebane’s spokesman Oupa Segalwe told Sowetan Jika was facing disciplinary action for delaying the investigation into Malanda’s complaint.
Malanda complained about her unfair dismissal after a long-running feud with her employer about her salary notch, refusal to grant her a transfer, non-payment of leave gratuity and interest on delayed pension benefits.
The 54-year-old was employed by the Transkei justice department in 1992 and transferred to the health and welfare department in 1996 following post-1994 rationalisation.
She was fired in 2002 after requesting a transfer and complaining about being paid on a lower salary notch.
In 2004, the Public Health and Welfare Sectoral Bargaining Council awarded her four months’ salary as compensation after her dismissal.
The council found that Malanda’s dismissal was procedurally unfair.
Malanda later lodged a complaint with then public protector Lawrence Mushwana.
She told Sowetan of her unhappiness with the investigation and Mkhwebane’s final report, issued last month.
Malanda said she was content with the remedial action in the provisional report issued by former public protector Thuli Madonsela in August.
“I was 99% happy with Madonsela’s report,” she said.
Madonsela’s provisional report ordered the Eastern Cape social development department to reinstate her, pay her a backdated salary to May 2004 and apologise to her.
However, Mkhwebane’s final report only orders the department to apologise to Malanda and pay her leave gratuity and interest on delayed pension benefits.
Malanda said she was considering taking the report on review.
Segalwe said there was a difference between a provisional and final report.
Provisional reports were drafts while in a final report comments from implicated parties were incorporated.