A senior official in the North-West department of public works and roads, chief financial officer (CFO) Moyakhayakha Isaiah Peter Modika, has been dismissed for gross misconduct following a comprehensive disciplinary hearing.
According to a Pretoria Society of Advocates disciplinary report, which Sunday World has seen, the process led by advocate Gadimang Mothibi concluded with a recommendation for summary dismissal on Thursday, reflecting the seriousness of the offences and the need for firm action in upholding ethical standards within the public service.
The sanction follows Modika being found guilty on five charges, which included gross misrepresentation and actions that resulted in notable financial and reputational damage to the department.
Among the most significant incidents was the improper exclusion of a bidder, Lichenry Pty Ltd, from a procurement process.
Financial losses compounded
This decision ultimately resulted in a court ruling against the department and led to financial penalties.
Furthermore, the department became contracted to a supplier at a cost of R35-million higher than that of the recommended bidder, compounding the financial losses.
In his comprehensive ruling, Mothibi stated: “The reputational damage to the employer has taken a severe knock.
“The employer not only suffered reputational damage but also severe financial loss in all cases in which the charges emanate.”
His findings underscored a breach of trust deemed impossible to repair, a view echoed throughout the disciplinary process.
The hearing revealed that the relationship of trust between Modika and the department had been irreparably broken. Citing legal precedent, Mothibi emphasised that dishonesty fundamentally undermines employment relationships, leaving little room for mitigation or restoration.
“An employment relationship broken down as an act of dishonesty can never be restored by whatever amount of mitigation,” he noted.
Lack of remorse
Modika’s response during the proceedings played a particularly decisive role.
He reportedly showed no remorse, instead asserting that he would repeat his actions under similar circumstances, claiming his decisions were aimed at empowering emerging contractors.
This stance, according to the ruling, eliminated any prospects of rehabilitation.
“The prospects of rehabilitating the employee are non-existent,” Mothibi found, highlighting Modika’s stated willingness to repeat the conduct he was charged with.
While Modika’s legal team presented several mitigating factors — including his 15 years of public service, his family responsibilities, and his contributions to improved audit outcomes — these were insufficient to offset the gravity of the misconduct.
Mothibi argued that Modika’s seniority and experience as CFO should have increased, not diminished, his awareness of proper procedures and legislative requirements.
“For a person of his experience, he ought to have known better,” Mothibi stated, suggesting that length of service, under such circumstances, could be viewed as an aggravating factor.
Emphasis on accountability
The department’s action in this matter reflects a growing emphasis on accountability and ethical governance in public service.
“Public resources are a scarce commodity and should be used frugally,” Mothibi explained.
“Their misuse is criminalised, and those entrusted with their stewardship must uphold the highest ethical, moral, and professional standards.”
After weighing all considerations, Mothibi recommended Modika’s summary dismissal of all charges.
The ruling further advised that the sanction should be carried out promptly, given the seriousness of the offences and the need to maintain trust in public administration.
Modika had a right to appeal the decision within five days of receiving the notice of sanction.
Modika said on Friday he had not received or seen the report on the outcomes of the disciplinary processes, adding that the matter was “confidential”.
