The Public Protector is investigating the appointment of Andile Gobinca to his R2-million-a-year secretary’s job at the City of Joburg, allegedly without the necessary legal qualifications.
The complaint, reported anonymously to the Public Protector on September 3, 2024, centred on Gobinca’s qualifications and experience, as well as allegations of procedural flaws in his appointment as acting secretary in the city.
Gobinca’s acting tenure in the position lasted for more than two years, surpassing the legal maximum of three months.
“The Public Protector can confirm that the investigations are still underway and that it is getting cooperation from the City of Joburg,” spokesperson Khulu Phasiwe told Sunday World.
According to the complainant, the advertisement for the job stated that the successful candidate must have 10 years’ legal experience with a specialisation in local government or be a chartered secretary with six to eight years of relevant experience. However, the complainant claims Gobinca has never worked in the legal field.
Further, the qualifications needed included matric; a qualification in Bachelor of Laws or equivalent NQF level 8; a master’s qualification; and/or a company secretarial professional qualification and registration with the Institute of Company Secretaries of Southern Africa, which was an added advantage.
The skills required included in-depth knowledge and understanding of the legislature and service delivery environments and its legislation; knowledge of political and community protocol, including the knowledge of the different political agendas and community needs and requirements; and knowledge of the local government environment and its factors, government-wide policies, and the ability to interpret and apply policies and legislations, to name a few.
Sunday World is in possession of the letter that the Public Protector’s office sent to then Johannesburg city manager Floyd Brink, which sets out the concerns of the complainant.
The letter, dated October 30, 2024, outlined the issues around Gobinca being appointed despite holding a finance qualification, not an LLB as required in the advertisement.
The complainant claimed that there were candidates who were overlooked by the interview panel as well as the city council.
The council allegedly irregularly appointed Gobinca at its meeting on July 30 or 31, 2024, during former mayor Kabelo Gwamanda’s tenure.
“Many female and male officials who qualified for the position were overlooked by the panel, which included the former speaker, Margaret Arnolds, who ensured that someone who did not meet the requirements was appointed due to their friendship,” the letter reads.
However, Arnolds believes it was unfair for the blame to be solely placed on her, as it was a decision of the government of local unity.
“I am not bigger than 269 councillors. I am not a politician who can be bought; that was a decision made by the government of local unity. I have nothing to do with him being employed. As the speaker at the time, I was part of the panel that interviewed him, but I am not responsible for his vetting,” an irked Arnolds told Sunday World.
Gobinca’s appointment first raised eyebrows last year, and Action SA was one of the parties that pushed back against his selection, going as far as threatening legal action.
