Public Protector (PP) Adv Kholeka Gcaleka has directed a KwaZulu-Natal municipality to act against its officials who were involved in the irregular appointment of an underqualified and ‘political connected’ candidate for a managerial position.
The ANC-run Illembe district municipality was reported to PP for intervention after appointing Zweli Cele as its manager for arts, culture and youth development. In its defence, the municipality claimed that an “administrative error” resulted in it employing Cele who possessed a national diploma for a position that required a bachelor’s degree.
In her order, contained in a report dated September 19, which was sent to the municipality, the PP said municipality was reported to her office after it blatantly disregarded all recruitment processes to hire Cele to the position. The PP explained that the process started when the municipality claimed that it was reorganising itself and moved the incumbent, Sthembiso Mfeka, from the position and advertised it.
The reportedly politically connected Cele then landed the post, prompting Mfeka to approach the PP for redress.
In his complaint, Mfeka pointed out that the advert was clear that anyone to be hired had to hold a bachelor’s degree in social science. In the case of Cele, he only had a national diploma in language practice.
During the investigation, the municipality claimed that the confusion was because in most municipalities, a diploma and a degree are treated as the same.
“An error of treating a national diploma as equivalent to a degree is very common in local government, and it results from the history of the national qualifications framework (NQF). Prior to its latest amendment, the degrees and national diplomas were all in the NQF6 band.
“Therefore, an advertisement with a minimum qualification of a degree meant that a diploma is ‘an equivalent qualification’ and vice versa,” the municipality said, according to the final PP’s report.
The PP rejected the explanation and deemed Cele’s appointment as irregular. She further directed the council of the municipality to remedy the appointment within 30 days.
“The allegation that the functionaries of the municipality irregularly appointed Mr Cele to the position of manager: arts, culture and youth development is substantiated.
“Mr Cele was shortlisted, interviewed and appointed by the municipality despite not holding a bachelor’s degree in social science, when he applied”.
PP added that the conduct of the municipality functionaries constitutes improper conduct as envisaged in section 182(1)(a) of the Constitution and maladministration as envisaged in section 6(4)(a)(i) of the Public Protector Act and recommended the way forward.
“The appropriate remedial action in terms of section 182(1)(c) of the constitution, is the following: The mayor: (a) Within thirty (30) calendar days from the date of receipt of this report, in terms of section 55(1)(b) and (e) of the MSA (Municipal Systems Act), tables the report before the municipal council for deliberation and obtains approval for the appropriate course of action to address the irregular appointment of Mr Cele as manager: arts, culture and youth development including pursuing judicial review, as provided for in section 158(1)(h) of the Labour Relations Act,” she said.
The PP also recommended that within sixty calendar days from the date of receipt of this report, in line with the relevant regulations, the mayor should obtain a resolution from the municipal council on the appropriate disciplinary steps to be taken against municipal manager Sazi Mbhele for his role in the irregular recruitment and appointment of Cele.
Mbhele said they will act on the report as directed by the PP. “The mayor has committed to doing this. It [should] be noted that it is unknown what the appropriate course of action that the council will agree on shall be.
“It is further noted that according to the PP’s final report, there is no direct remedial action prescribed against Mr Zwelibanzi Innocent Cele.”
