The Department of Cooperative Governance and Traditional Affairs (CoGTA) in KwaZulu-Natal has taken the matter to the Durban Labour Court to obtain an order to set aside an illegal decision that was ratified by former MEC Sipho Hlomuka to appoint an ill-qualified former ANC cadre to a senior position he was not qualified for.
The decision by the department comes after, in December 2024, Public Protector, Advocate Kholeka Gcaleka, found that the decision to ratify the appointment of Mncedisi Makuyi as the Deputy Director for Fire and Rescue Services in June 2020 by Hlomuka, during his tenure as the MEC for the department, was irregular.
Recommendation by panel
That was after Hlomuka got a recommendation from a panel that included senior officials like Barbara Mgutshini, the late Sikhumbuzo Gumede, and the former head of department, Thando Tubane, to ratify the appointment of Makuyi while holding a mere National Diploma in Environmental Health.
Hlomuka is now the MEC of the now broke provincial Department of Education, which is fraught with scandals every week.
Gcaleka made the ruling after her office received a complaint from Mandlenkosi Kaizer Gumede. He alleged that Makuyi’s appointment was predetermined. Also that Hlomuka and the others blatantly flouted policies and processes for political reasons.
Gumede was one of the candidates for the position. However, he was elbowed out even though he was the most qualified and suitable candidate.
Ironically, Makuyi was later hounded out of the position. He was later fired after he dumped the ANC for uMkhonto we Sizwe (MK) Party in December 2023.
Fired, then appealed
He only got his job back after he appealed to the current CoGTA MEC, Reverend Thulasizwe Buthelezi. The latter took over last year after the government of provincial unity (GPU) was formed.
In his broad complaint, Gumede alleged that Makuyi was shortlisted, interviewed, and recommended for the position. He was eventually appointed to one of the two posts despite not meeting the minimum requirements of the post.
Furthermore, he alleged that Makuyi did not have the required experience. The job required experience in junior management in fire and rescue services as per the advert. He only had 11 years and 10 months of experience. And this was in health and safety, environment, risk, quality, and OHS, which was not relevant to the position.
Public protector ruling
Gcaleka ruled in Gumede’s favour. This confirmed that Hlomuka’s former department had flouted recruitment rules to ensure that Makuyi got the job by hook or crook. In her report, Gcaleka also found that the outcome was predetermined to ensure that Makuyi was hired. He came from the same ANC region as Hlomuka.
Now the department wants the decision to be set aside by the court.
“This is a review application in which applicants seek to set aside and correct the respondent’s (Makuyi) appointment to a post, on the department’s staff establishment, known as deputy director of fire and rescue services.
“The application has been brought pursuant to a report, dated 23 December 2024, issued by the Public Protector in terms of section 182(1)(b) of the Constitution of the Republic of South Africa, 1996,” reads the court papers.
