Whistleblower on R500m scandal reinstated

The office of the premier in Limpopo committed an unfair labour practice by keeping a senior official on prolonged suspension after he blew the whistle on a R500 million free Wi-Fi connection scandal.

This was the ruling by the General Public Service Sector Bargaining Council, which found the suspension was unjustified.

The free connection project was to be rolled out in several areas in the province through Limpopo Connexion. However, it stalled after money disappeared from public coffers.

The whistleblower, Leseja Mathiba, who is the chief director for provincial information and technology, was placed on suspension in October 2019.

Council commissioner PC Mabitsela ordered the suspension to be lifted with immediate effect and that Mathiba be reinstated to his former position.

However, Mabitsela rejected a plea by Mathiba for financial compensation.

Evidence was led that no disciplinary action was taken within 60 days as per the employer disciplinary procedure.

A circular by Public Service Commission chair George Mashamba to premier Stan Mathabatha and all MECs to lift the suspensions of all employees beyond 60 days unless such extensions were decided by chairs of hearings, was ignored.

Mathiba’s witness, Emmanuel Mudau, the deputy director for integrity and security management, told the council he was sent two different addresses to deliver a notice on 14 December, 2019 and 20 February, 2020.

Mabitsela said: “The respondent’s messenger, Mr Emmanuel Mudau, holds a management position. It is expected of him to know the process well. Upon his visits to deliver the notice, he was supposed to leave the documents for the applicant at the address as it appears as his domicilium citandi at executandi.

“The respondent did not give reasons as to why waited for two months to send the messenger to the applicant’s current address as they do have both addresses. This proves lack of responsibility on the side of the respondent.”

The premier’s spokesperson, Willy Mosoma, said they received the outcome. “Mr Mathiba is expected to be on duty since the office decided not to review the award.

“On the suspension, the office remains convinced the delay was caused by Mr Mathiba since his whereabouts were not known until his salary was terminated and he resurfaced.”

Mathiba said he welcomed the arbitration award with “mixed feelings”. “It was not about compensation but reinstatement.”