Thobeka Magcai
In your publication dated May 31, 2026, you published an article, “Minister creates and fills extra DG-level post without advert”. The headline states as fact, a false accusation that was replied to in our media response dated May 28, 2026.
The department went to great lengths to outline the processes of secondments in line with the relevant Public Service Act Regulations.
Yet Sunday World political editor Setumo Stone deliberately excluded the information in order to create a false impression of the process and paint an undesirable narrative about Minister of Employment and Labour Nomakhosazana Meth.
The Ministry of Employment and Labour firmly rejects the misleading accusation and incorrect assertions contained in your publication.
Your publication deliberately misinformed the public and we take exception to your crass and sneaky journalism, which sought to damage the reputation of the minister and undermine her credibility in the public domain. It is our considered view that this was the scribe’s intended and desired outcome.
As outlined in the media response, the facts regarding this matter are as follows: The acting appointment of Jacky Molisane was made strictly within the bounds of the applicable public service legislative framework, including the Public Service Act, 1994 and the Public Service Regulations, 2016 as published in 2022 by the Department of Public Service and Administration (DPSA).
Under section 3(7)(b) of the Public Service Act, the minister, as executive authority, is empowered to exercise all necessary functions relating to recruitment, appointment and other career-related matters of departmental employees. In addition, regulation 57(2)(b) of the Public Service Regulations, 2016, explicitly permits the appointment of personnel additional to the approved establishment for a period not exceeding 12 months where operational requirements justify such action. The decision to appoint Molisane on a six-month fixed-term contract therefore falls squarely within the legal framework.
It is important to correct the misrepresentation that temporary appointments of this nature require the approval of the DPSA, public advertisement or a competitive recruitment process. The regulations do not impose such requirements for short-term appointments made to address urgent operational needs. The appointment in question was necessitated by clear and pressing operational considerations. The department required immediate executive leadership to stabilise its operations during a period of institutional transition.
Under the circumstances, the law expressly provides for interim administrative arrangements in the public interest. The minister acted accordingly within the scope of her lawful authority.
The minister categorically rejects any suggestion that public service rules were bypassed or manipulated to favour any individual. The appointment was informed by the appointee’s academic qualifications, demonstrated capability, extensive experience, institutional knowledge and deep understanding of the labour and governance environment, all of which are critical for ensuring stability and effective leadership during a complex transition period.
The department remains fully committed to lawful, transparent and accountable governance. The process to appoint a permanent director-general is ongoing and will be finalised in full compliance with the provisions of the Public Service Act.
The minister cautions against the publication and circulation of speculative or legally unfounded claims presented as fact, including through social media. This is particularly important where such claims risk undermining public confidence in the integrity of public institutions. The department has not received correspondence from either the Public Service Commission or the Public Protector alerting us to a complaint or an investigation into the allegations being made. The department recommits its availability and willingness to participate in any investigation by a competent authority and will do so when formally informed.
- Thobeka Magcai is the media liaison officer in the Ministry of Employment and Labour.
- The Ministry of Employment and Labour rejects claims that Minister Nomakhosazana Meth unlawfully created and filled an extra DG-level post without advertisement, calling the accusation false and misleading.
- The appointment of Jacky Molisane as acting director-general was made legally under the Public Service Act and Public Service Regulations to address urgent operational needs during a transition.
- Temporary appointments like Molisane’s do not require Public Service Commission approval, public advertisement, or competitive recruitment, as stated by current legislation.
- The minister denies any manipulation of rules for favoritism, emphasizing that the appointee’s qualifications and experience justified the decision for stability and leadership.
- The department remains committed to transparent governance, is in the process of appointing a permanent DG, and stands ready to cooperate with any official investigations if contacted.
