The Public Protector Advocate Kholeka Gcaleka has scolded KwaZulu-Natal Education MEC Sipho Hlomuka for approving the irregular appointment of an underqualified ANC cadre as a government official in 2020.

This happened during his Cooperative Governance and Traditional Affairs (Cogta) MEC tenure.

Gcaleka also instructed KwaZulu-Natal Premier Thami Ntuli to act against Hlomuka for engineering Mncedisi Joeman Makuyi’s irregular appointment as Deputy Director for Fire and Rescue Services in June 2020.

At the time, Makuyi was a prominent ANC member in the Josiah Gumede region. Hlomuka hails from the same area and was once the regional ANC chairperson before being elected KwaZulu-Natal ANC Deputy Secretary.

In addition, the PP instructed the provincial Cogta Head of Department (HOD) to sanction senior officials who formed part of the selection panel for flouting recruitment policies and processes to ensure Makuyi’s promotion.

Gcaleka ruled on a complaint by Mandlenkosi Kaizer Gumede, who alleged that Makuyi’s appointment in June 2020 was predetermined and that Hlomuka’s department had flouted policies and processes. Gumede was one of the candidates for the position of Deputy Director for Fire and Rescue Services.

Ironically, Makuyi was hounded out of the position and fired after he dumped the ANC for the uMkhonto we Sizwe (MK) Party. He only got his job back after he appealed to the current CoGTA MEC, Reverend Thulasizwe Buthelezi, who took over last year after the Government of Provincial Uity (GPU) was formed.

Gumede alleged in his complaint that Makuyi was shortlisted, interviewed, and recommended for the position and eventually appointed to one of the two posts despite not meeting the minimum requirements of the post. According to Gumede, Makuyi held a National Diploma in Environmental Health, which was deemed a related qualification.

He alleged that Makuyi did not have the required junior management experience in fire and rescue services as per the advert. He only had 11 years and 10 months of experience in health and safety environment, risk, quality, and OHS, which was irrelevant to the position.

Gcaleka ruled in Gumede’s favour and confirmed that Hlomuka’s then-department had flouted recruitment rules to ensure that Makuyi got the job by hook or crook. In her report, the Public Protector found that the outcome was predetermined to ensure that Makuyi was hired.

“The evidence before the Public Protector indicates that the shortlisting and interview proceedings were neither electronically recorded nor adequately documented to capture all the deliberations that took place. The failure to keep a proper record of proceedings by the selection committee in this regard contravened regulation 67(6) of the PSR, 2016 which requires the selection committee to record the reasons for its recommendation.

“The conduct of the selection committee namely, Ms Mgutshini, Mr Ngema,.Ms Mtshali, the late Mr Gumede and Mr Mandlakazi who provided secretariat and HR support, is further contrary to the prescripts of clause 9.4(d) of the RSP which provides that the role of the selection committee is to formulate and record the reason for specific recommendations,” Gcaleka noted in her report.

The Public Protector slammed Hlomuka and recommended that Ntuli take action against him for dereliction of duty.

“The conduct of the erstwhile Executive Authority, Mr Hlomuka was also contrary to his responsibilities as detailed in regulation 67(9)(a) and (b) of the PSR, which states that before making a decision on an appointment or the filling of a post, an Executive Authority shall satisfy himself that the candidate qualifies in all respects for the post and that his claims in his application for the post have been verified and to record that verification in writing,” the PP’s report said.

“Take cognisance of the outcomes of this investigation and take appropriate action against the erstwhile MEC of COGTA, Mr Hlomuka in line with the Premier’s powers in terms of section 132(2) read with paragraph 2, Annexure C of the Constitution.”

The PP was also critical of the conduct of the former Cogta Head of Department Thando Tubane for improper conduct unfit for someone in his position.

“The conduct of the erstwhile HoD, Mr Tubane in not ensuring that Mr Makuyi met the requirements as stated in the advertisement prior to supporting his appointment to the Executive Authority, was contrary to the responsibilities imposed on him by section 7(3)(b) of the PSArequires, inter alia, the efficient management and administration of his department and the promotion of sound labour relations .”

Gcaleka recommended sanctions against Tubane and urged the Cogta department to take corrective actions regarding Makuyi’s appointment.

“Within sixty (60) calendar days from the date of this report, exercise his powers in terms of section 16B(4) of the PSA, 1994 in cooperation with the Director General of National COGTA, in light of Mr Tubane’s role in the irregular appointment of Mr Makuyi, during his tenure as HoD KZN COGTA.

“The Acting Head of Department: Within sixty (60) calendar days from the date of this report, take appropriate corrective action against members of the selection committee still within the employ of COGTA, namely Ms Mgutshini, Mr Ngema, Ms Mtshali, and Mr Mandlakazi, in line with the provisions of section 16A(2)(a) of the PSA, 1994.

“Within sixty (60) calendar days from the date of this report, take appropriate corrective action to correct the appointment of Mr Makuyi, in line with the provisions of section 5(7)(a) of the PSA, 1994.”

Tubane said he would take the report on review.

Ntuli’s office, Lungi Mtshali, Hlomuka’s spokesperson, and Senzelwe Mzila, CoGTA spokesperson, did not respond to requests for comments.