Public Protector Adv Kholeka Gcaleka has cleared former communications and digital technologies minister Mondli Gungubele on allegations of irregularly appointing a ministerial task team at the State Information Technology Agency (Sita).
In the same breath, disgraced former Ekurhuleni Metro City manager Imogen Mashazi was found offside for making an irregular appointment.
However, owing to her leaving her government posting after retirement, she could not be sanctioned for her misdemeanours because the office of the public protector’s mandate is limited solely to state functionaries.
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These revelations emerged during a press briefing by Gcaleka on several investigation reports that her office has completed, including the information that the frequency of the office’s reports that are taken for judicial review having decreased by an impressive 86%.
Allegations against Gungubele dismissed
Gcaleka said allegations that were levelled against Gungubele could not be backed up by evidence and thus fall away as false.
“In essence, the complainant alleged, inter alia, that Mr Mondli Gungubele, the then Minister of Communications and Digital Technologies, irregularly appointed the SITA interim Board, and Mr Gungubele irregularly appointed the MTT (ministerial task team) to push the tender backlog,” said Gcaleka.
“Based on the analysis of the complaints, our investigation focused on whether Mr Gungubele irregularly appointed the then Ministerial Task Team; if so, whether such conduct is improper and amounts to maladministration.
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“The allegation that the appointment of the Ministerial Task Team (MTT) by the former Minister of Communications and Digital Technologies, Mr Mondli Gungubele, was irregular is not substantiated,” she went on.
“The investigation established that the MTT was appointed in December 2023 through approved terms of reference and formal appointment processes and that its mandate was limited to advisory, facilitative and oversight-support functions aimed at addressing procurement backlogs within Sita.”
Mashazi found guilty of improper conduct
On Mashazi, wrongdoing was established relating to the appointment of two officials, namely, the sibling of TK Nciza – the former ANC Gauteng provincial secretary, Xolani Nciza as Divisional Head: Employee Relations, as well as the appointment of Ndumiso Gcwabe as Deputy Chief of Metro Police: Security and Loss Control.
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Questions over Nciza’s qualifications
On Nciza’s appointment, the requirements for the position were a bachelor’s degree in law, but he failed to submit certified copies of his identity document (ID) and qualifications as stated in his CV, wherein he claimed to possess a B-Iuris degree from Vista University and an Advanced Labour Law qualification from Unisa.
“Upon verification of his uncertified qualification by HRM prior to finalisation of his appointment, the verification results came back indicating that Mr Nciza only had Matric and an Information Technology (IT) Management Certificate, which was not a requirement for the position,” said Gcaleka.
The Public Protector could not make a recommendation in this case because the subject matter was still the subject of an ongoing court litigation at the time of the compilation of her report.
Gcwabe appointment ruled irregular
On the position to which Gcwabe was appointed, the minimum requirements were a relevant bachelor’s degree, Metro Police qualification from an institution accredited by the Road Traffic Management Corporation (RTMC) and Saps comprising a Traffic Officer Diploma and Law Enforcement Skills Certificate.
Gcwabe was appointed despite not meeting the criteria, as he only had a six-month diploma in traffic or metro police.
“We find that Mr Gcwabe did not qualify for the position of Deputy Chief of Metro Police. In the circumstances, we further find that the conduct of the former City Manager, Dr Imogen Mashazi, as Accounting Officer of CoE (City of Ekurhuleni) at the time of the appointment of Mr Gcwabe, constitutes improper conduct,” said Gcaleka.
PPSA chief operations officer Adv Nelisiwe Nkabinde added, “Regarding the conduct of Dr Mashazi, the public protector is not taking any remedial action in terms of corrective action because the mandate of the office is to investigate the conduct of state organs and its functionaries. Once a person has left the employ of the state (as is the case with Mashazi), remedial action is not implementable.”
- Public Protector Adv Kholeka Gcaleka cleared former minister Mondli Gungubele of allegations regarding the irregular appointment of a ministerial task team at the State Information Technology Agency (Sita).
- Imogen Mashazi, former Ekurhuleni Metro City manager, was found to have made irregular appointments but could not be sanctioned due to her retirement from government service.
- Gcaleka’s investigation found that the ministerial task team appointed by Gungubele in December 2023 was properly established with approved terms of reference and formal processes.
- Xolani Nciza was appointed as Divisional Head: Employee Relations without meeting qualification requirements, and Ndumiso Gcwabe was irregularly appointed as Deputy Chief of Metro Police despite lacking required credentials.
- The Public Protector’s office cannot take corrective action against Mashazi because her office's mandate only applies to current state functionaries.
