Public Protector commends Minister�s
�exemplary� conduct
Wednesday, 28 September 2011
Public Protector Adv Thuli Madonsela has lauded Correctional
Services leadership for the manner in which they handled her
criticism regarding the department�s decision to terminate
the service of a gravely ill employee without following
proper procedures last October. Following a five-month
investigation, the Public Protector found that the process
followed by the department in terminating the employee�s
service was not in compliance with the Public Service Act
and the Constitution and therefore constituted
maladministration. She directed that the employee be
re-instated with immediately, with effect from 01 November
2011 and that the department conduct an investigation into
the incapacity of the employee due to ill health and
considers ill health retirement for the employee. The
Public Protector also directed that the employee be placed
on a temporary incapacity leave until the finalisation of
the ill health retirement and that the employee be
compensated for financial damages suffered and the
humiliation. Addressing a media briefing in Pretoria on
Wednesday, where she release several other investigation
reports, the Public Protector described Minister Nosiviwe
Mapisa-Nqakula and National Commissioner Tom Moyane�s
conduct as �exemplary and in line with the promise that
underpins the Constitution.� This followed Minister
Mapisa-Nqakula and Commissioner Moyane�s concurrence with
the Public Protector�s findings as they appeared in the
provisional report and their undertaking to fully implement
the remedial action. The investigation came about after
allegations that Minister Mapisa-Nqakula had decided that
the employee�s service be terminated as his ill health was
becoming an impediment to his performance of duties as a
Senior Manager in the department. The employee had
complained to the Public Protector that he was offered a
�verbal� package of early retirement without the reduction
of pension benefits and an added period of thee and a half
years of service, including a lump sum salary payment for
that period. He did not receive a written confirmation of
the package. When his service was terminated last October,
this undertaking by the department was not adhered to. The
Public Protector also released a report titled �To Be or
Not To Be in Conflict�, in which the she found that a
conflict of interest existed between Mr Jimmy Mayi�s former
role as Director-General of the Department of Labour and his
personal interests as the President of Black Management
Forum (BMF).
The then Minister of Labour, Membathisi Mdladlana had
failed to comply with relevant provisions of the code of
conduct and the rules that required him to effectively
manage the said conflict of interest. However, on the
issue of Mr Manyi�s current position as the Chief Executive
Officer of Government Communication and Information System
and cabinet spokesperson, only a perceived conflict of
interest with his BFM duties existed. This may lead to the
actual conflict of interest if not properly managed, the
Public Protector said. Other reports included �Improper
Influence Unproven� and �The Ethics of Staying in Comfort�,
which exonerated Gauteng Premier Nomvula Mokonyane and the
Minister of Police Nathi Mthethwa respectively from alleged
breach of the Executive Members� Ethics Act. Regarding
Minister Mthethwa, the Public Protector directed that the
Ministerial Handbook be reviewed speedily to provide clarity
on ethical considerations regarding executive accommodation.
Meanwhile the Public Protector also condemned the Business
Day�s publishing on Wednesday of confidential information
contained in a provisional report concerning the
investigation against the Minister for Cooperative
Governance and Traditional Affairs, Sicelo Shiceka. She
indicated that while she appreciated the interest that the
media has in the work of her office and supported freedom of
the press, the conduct of the Business Day was not justified
by public interest and was unethical. For more
information, contact: Kgalalelo Masibi
Senior Manager: Outreach, Education and Communication
Public Protector South Africa
(012) 366 7006
079 507 0399
[email protected]
www.publicprotector.org
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