Public Protector Advocate Kholeka Gcaleka has fingered the former mayor of Maluti-A-Phofung in Qwaqwa, Free State, for transgression after he had appointed an official to the top position without following proper processes.
Gilbert Mokotso, former mayor and leader of MAP16, appointed Soso Sepheka to the position of director of community services within the municipality, and Gcaleka flagged the appointment as irregular.
Whistleblower wrote to Public Protector’s office
Sepheka was appointed in 2022. Following this, a whistleblower wrote a complaint to the office of the Public Protector in the Free State. They stated that during February 2022, the municipality advertised numerous vacant positions for senior managers. These were directly accountable to the municipal manager. And the positions included that of Director: Community Services.
All advertised positions were filled around July 2022. And the municipality appointed Sepheka to the position. This was despite the fact that she did not meet the minimum requirements for the position.
The Public Protector report was released on March 31 this year. This was following investigations on whether the functionaries of the Maluti-A-Phofung and its council had irregularly appointed Sepheka to the position of Director: Community Services. And also whether such conduct was improper as envisaged in section 182(1)(a) of the Constitution, and amounts to maladministration.
Public Protector findings
The report findings stated the recommendation by Mokotso and subsequent appointment of Sepheka by council was in contravention of the provisions of section 195(1) of the Constitution.
The Public Protector report also stated that Mokotso’s conduct and the council constituted improper conduct. It recommended that the appropriate remedial action be taken against him.
Gcaleka said that the MEC of Cogta, Saki Mokoena, and the municipal speaker of Maluti-A-Phofung “should take cognisance of the report and ensure the implementation of the remedial action against Mokotso for the breaching the Code of Conduct for Councillors, within 60 days of the release date of the report”.
Mayor given 90 days to implement remedial action
Executive mayor Malekula Melato was also instructed to take action. Gcaleka told her that “within 90 days from the date of this report, she should table the report before the municipal council for deliberation.And she must obtain approval to pursue a judicial review. This as provided for in section 158(1)(h) of the Labour Relations Act,1995 to address the irregular appointment of Sepheka.”
Mokotso said on Tuesday that he had not seen the Public Protector report as yet. He explained that he has been out of town.
“I didn’t check the report. I’ll have time on Monday when I’m at home,” Motsoko said.
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