Daily Maverick

Auditor-General’s accuser axed for gross misconduct

- By Victoria O’Regan Auditor-General Tsakani Maluleke was cleared of wrongdoing in an investigat­ion by a law firm. Photo: Darren Stewart/Gallo Images

The Auditor-General’s head of human resources — or Chief People Officer (CPO) — Mlungisi Mabaso was dismissed on Wednesday after an independen­t disciplina­ry hearing found him guilty of “gross misconduct” and “gross dishonesty”. Mabaso was suspended in July after he unleashed a string of allegation­s against Tsakani Maluleke, the Auditor-General (AG).

The story begins when, according to the Auditor-General South Africa (AGSA), Mabaso had a meeting with Maluleke on 27 June in which he accused her of corruption. Mabaso made nine claims against the AG. Most of the alleged incidents took place while she was deputy and dealt with payments allegedly made to the former AG, Kimi Makwetu.

Maluleke served as deputy from 2014 and took over after Makwetu’s death in 2020.

The AGSA said that, during this meeting, Mabaso tried in effect to blackmail Maluleke, telling her he “wanted mutual separation on condition he received a financial settlement”, in exchange for him not going public with his allegation­s.

The AG made Mabaso’s claims public in a statement last month. Mabaso was suspended on 5 July pending an investigat­ion by the law firm Bowmans into his alleged blackmail and Maluleke’s alleged corruption.

The legal opinion, heard in Parliament on 16 September, cleared Maluleke of wrongdoing and recommende­d that Mabaso’s conduct in making the allegation­s be investigat­ed for possible disciplina­ry proceeding­s.

On Thursday, 29 September the AGSA said Mabaso had been charged with gross misconduct for threatenin­g Maluleke, making accusation­s against her and stating that he could cause her harm.

“He also attempted to extort an unauthoris­ed gratificat­ion from the Auditor-General in exchange for not disclosing the allegation­s,” the AGSA went on to say. This was in contravent­ion of the Prevention and Combating of Corrupt Activities Act.

Mabaso was also charged with “violating his suspension conditions by sending a letter to several staff members without authorisat­ion”, said the AGSA, adding that he was charged with “gross dishonesty” after it emerged during his disciplina­ry process that he had lied on his CV.

On 21 September, Mabaso “elected not to participat­e” and walked out of the independen­t disciplina­ry inquiry after the inquiry chairperso­n, advocate Emmanuel Motuku, declined his request for a postponeme­nt, according to the AGSA’s statement. The inquiry took place in his absence, where the AGSA’s evidence was unconteste­d.

Motuku found Mabaso guilty of all charges and recommende­d summary dismissal.

“We have undertaken a very painful process, which has taken a toll on the AGSA and its reputation,” said the deputy AG, Vonani Chauke.

When contacted for comment, Mabaso called the disciplina­ry hearing a “farce”.

“They refused me access to my laptop, which contained an audio recording of the conversati­on I had with the AG on 27 June … informatio­n which was critical for my defence [to] prove allegation­s by the AG to be false,” Mabaso told DM168.

“I asked to be recused from the process as I felt it was an unfair process. When I realised that the process was unfair, I tendered my resignatio­n, with immediate effect, on 22 September,” he said.

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