Please find English ,Sesotho and IsiZulu soundbites by Karabo Khakhau MP.
Dear Prof. Fikeni
I trust this letter reaches you well.
I am writing to you in your capacity as the Commissioner of the South African Public Service and
Administration following the Minister of Higher Education and Training, Mr. Manamela’s appointment of Mr. Zukile Mvalo, Mr. Oupa Nkoane, and Mr. Lehlogonolo Masoga as Administrators for the Local Government Sector Education and Training Authority (LGSETA), the Construction SETA (CSETA), and the Services SETA (SSETA) respectively and his subsequent referral of these appointments to your office.
The Administrators have already signed Service Level Agreements (SLAs) with the Department of Higher Education and Training and have commenced their work. It is my understanding that the diagnostic assessments of the SETAs they have been given the responsibility to oversee have begun and that the department is awaiting their reports.
I refer you to Chapter 10, Section 195 (1a&b) of the Constitution of the Republic of South Africa, 1996 (2012 as amended) which states that public administration must be governed by the democratic values and principles enshrined in the Constitution, including the following principles:
a) “A high standard of professional ethics must be promoted and maintained”,
b) “Efficient, economic and effective use of resources must be promoted”
This is read alongside Section 14(f) of the Public Service Regulations, 2016 which states that public servants or state employees must be “honest and accountable in dealing with public funds and use the state’s property and other resources effectively, efficiently, and only for authorised official purposes”.
It is my professional view as a Member of the South African National Assembly that Mr. Nkoane, Mr. Masoga and Mr. Mvalo’s track records as public servants are in direct conflict with the provisions of the above quoted pieces of South African legislation.
Mr. Oupa Nkoane is a former Municipal Manager at the Emfuleni Local Municipality in Gauteng. He is implicated in a Comperio Forensic Report that details the mismanagement of R872 million in this municipality.
Mr. Lehlohonolo Masoga is a former ANC Limpopo MEC & Deputy Speaker. He is implicated in a Morar Forensic Report for back dating a communications contract worth R4.4 million as the CEO of the Musina-Makhado Special Economic Zone to justify ill-payments made to communications company, Mahuma Group.
Mr. Zukile Mvalo is a former Deputy Director General (DDG) responsible for skills development in the department of Higher Education since 2017. All 21 SETAs under the department have reported directly to him since. The Auditor General of South Africa (AGSA) has published many damning findings against SETAs every reporting year. These findings and a lack of implementation of the AG’s recommendations have taken place under his leadership as the DDG overseeing SETAs for 8 years.
Moreover, there are multiple Forensic Reports that were conducted by the Department of Higher Education and Training across multiple SETAs that detail acts of corruption, fraud and the mismanagement of public funds which have necessitated them being put under Administration. All these findings and the lack of corrective measures that followed happened under his direct oversight as the DDG responsible for Skills Development.
While none of the appointed administrators have been trailed in a court of law. I do believe that the reasons above (although not exhaustive) are enough to declare them unfit for the purpose of Administration over their respective SETAs particularly because Minister Manamela has cited the reasons below (amongst others) as motivation to place these SETAs under administration:
- Weak oversight over SETAs
- Irregular procurement practices (awarding contracts without following proper processes)
- Millions of public rands are unaccounted for
- Forensic and audit findings pointing to acts of maladministration, corruption and fraud.
I, therefore, argue that the above reasons alone disqualify the appointees. Their respective track records point to guilt of the same misconduct they are supposed to correct. They simply are not the right choice of appointees. They are not fit for purpose.
Furthermore, while Minister Manamela, on Friday, informed the National Assembly Portfolio Committee on Higher Education and Training that it is not his responsibility to judge forensic reports implicating Mr. Nkoane and Mr. Masoga, I argue that it is but that, moreover, it is specifically your responsibility to judge Public Service and Administration employees against more than their qualifications and official criminal records. That they should be judged against their track records of service in any public office alongside any report (forensic too).
Finally, Commissioner, I hereby request that your office guide the Minister’s compliance with the values and principles of Chapter 10 of the Constitution of the Republic of South Africa and, as a matter of urgency, declare these appointments unfit and inconsistent with the codes and requirements of public service.
Yours in public service,
Karabo Khakhau MP