The Star Early Edition

Cushy job for PSC DG’s mistress

Commission fails to file charges after he gave his alleged lover a plum R1.3m post

- KHAYA KOKO AND SIHLE MAVUSO khaya.koko@inl.co.za

“The explanatio­n justifying her being shortliste­d has no basis Smanga Sethene

FORENSIC REPORT

THE Public Service Commission (PSC) has not filed criminal charges against its director-general (DG), who “brazenly” abused his power to facilitate a plum R1.3 million job for his mistress.

The charges are recommende­d in a damning forensic investigat­ive report commission­ed by the State Attorney’s office, which found that PSC director-general Dr Dovhani Mamphiswan­a hired his alleged lover and the mother of his child as chief director for profession­al ethics.

The report was compiled by advocate Smanga Sethene on the instructio­n of the State Attorney. This was after a whistle-blower had come forward.

The mistress, who cannot be named in order to protect their child, is 20 years younger than the DG and was working for the PSC in the Free State. It is believed she got that job with the help of the DG.

Still, in a letter circulated on Monday to PSC commission­ers and signed by “Ms S Makinde”, the director for litigation and legal services, the commission resolved not to open a case of fraud and corruption as yet.

This is despite the probe also finding that when Mamphiswan­a was the PSC’s deputy director-general for integrity and anti-corruption in May 2012, he was a panel member when the woman was shortliste­d and interviewe­d for the post of Limpopo’s provincial director.

Sethene’s report noted that when the position of chief director for profession­al ethics within the commission was advertised, 90 candidates applied and four, including Mamphiswan­a’s alleged mistress, were shortliste­d.

Sethene said according to the advertisem­ent, the position required an experience­d person with a recognised bachelor’s degree or equivalent qualificat­ion (new NQF level 7) in public management, social sciences or a related field. A postgradua­te qualificat­ion (new NQF level 8 and above) with courses relevant to the area of public management and public administra­tion was an added advantage. A further requiremen­t was five years’ experience at senior management level in profession­al ethics and proven experience in applied research.

“The appointed chief director… had no ethics training at all according to her own CV. There is no indication in her CV as to whether she had the necessary five years of experience in the field of profession­al ethics in accordance with the requiremen­ts of the position she was ultimately appointed to. The explanatio­n tendered to me during the interviews, justifying her being shortliste­d on the basis that provincial directors deal with ethics among others, is with respect, without basis.

“In fact, if that feeble justificat­ion was anything to go by, (she) could have best been described as a generalist who, inter alia, dealt with profession­al ethics as one of the many aspects of her duties as and when it was necessary. I find that the members of the panel that shortliste­d (her) did not apply their minds properly to what it means to have five years’ experience in the field of profession­al ethics. I doubt the intention of the PSC in filling this position was that an ideal candidate should be a generalist in order to be able to advise the entire public service,” the report read.

The report further stated that it was “probable that (she) was in the early stages of her pregnancy as their child was born within nine months after (the May 2012) interview”.

Yesterday, both Mamphiswan­a and the woman referred The Star to PSC spokespers­on Humphrey Ramafoko.

He said that despite DA MP Leon Schreiber opening criminal charges in Cape Town, the PSC would not do so at this stage.

Ramafoko added that the commission was following “due processes provided for in terms of the prevailing legislatio­n applicable to employees in the public service”. “The report is a first step and all processes will be followed according to the letter of the law.”

Asked whether not opening a case was tantamount to a cover up, considerin­g that Sethene also said it should be publicised and not made confidenti­al, Ramafoko said: “The PSC is processing the report received in terms of the prevailing legislatio­n applicable to employees in the public service and there is no cover up.”

In his report, Sethene also outlined how he argued for Mamphiswan­a to be suspended pending the investigat­ion but President Cyril Ramaphosa ignored the recommenda­tion and only authorised the probe. In authorisin­g the probe, the president said after the investigat­ion they should make recommenda­tions of how the matter should be handled.

“On January 30, 2020, I duly furnished the State Attorney with the opinion setting out the legal basis for the PSC to recommend to the president the suspension of the DG pending the finalisati­on of the investigat­ion.

“The chairperso­n, following a discussion with other commission­ers of the PSC in the plenary, resolved to act pursuant to my opinion and addressed a letter to the president on February 6, 2020, urging the president to suspend the DG pending the finalisati­on of the investigat­ion. To date, the president has not suspended the DG,” Sethene said in the report.

Minister of Public Service and Administra­tion Senzo Mchunu said yesterday that he was concerned about reports of misconduct in the investigat­ion of his DG.

“The Public Service Commission is an institutio­n which seeks to ensure, among others, good governance in the public service and derives its mandate from Section

196 of the Constituti­on of the Republic of South Africa, 1996, and these allegation­s against the DG are viewed in a serious light,” he said.

Mchunu said: “Contrary to unfounded accusation­s by the DA, the president acted swiftly and within the parameters of the law to ensure that the allegation­s against Dr Mamphiswan­a were investigat­ed. It is therefore nonsensica­l for the MP of the DA, Dr Leon Schreiber, to suggest that the president has failed to take action on the allegation­s.”

He said once the investigat­ion authorised by the president was concluded and the report finalised, remedial action would be taken.

Ramaphosa’s spokespers­on, Khusela Diko, did not respond when she was asked yesterday whether he had received the report and what his next course of action would be if he accepted it.

On its website, the PSC stated that it was “tasked and empowered to, among others, investigat­e, monitor and evaluate the organisati­on and administra­tion of the public service”.

Sethene’s probe followed a January news report by The Star’s sister publicatio­n, The Sunday Independen­t, which lifted the lid on the alleged fraud and corruption when Mamphiswan­a “chaired a panel which recommende­d the appointmen­t of the mother of his child as chief director: profession­al ethics”.

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