An ANC ward councillor in Limpopo’s Elias Motsoaledi Local Municipality has been lambasted by the Public Protector for drawing salaries from both the council and his other formerly permanent employer, the provincial Health Department, and been ordered to pay back all of the money.
Mothibe Rhodes Msiza, who is the municipality’s political head responsible for infrastructure services on its executive committee, was an administration clerk at the Limpopo Department of Health, based at Groblersdal Hospital.
IOL reports that Public Protector Kholeka Gcaleka had launched an investigation into the matter after a complaint by the Motetema Thushanang Crisis Committee, which wanted to establish the legality of Msiza occupying two public service positions and simultaneously receiving two public service salaries.
The probe found that Msiza had been elected as a ward councillor in August 2016 and performed other remunerative work while employed by the department without obtaining permission from the executive authority (MEC,) as required by the Public Service Act.
His application to perform other remunerative work was made only 19 months after he started working as a ward councillor and and was never approved, said Gcaleka.
He had declared his financial interests to the municipality as required by the Municipal Systems Act – in the disclosures of financial interests for the 2023/24 financial year – declaring his salary of R19 025 from Limpopo Health.
But he failed to comply with the guidelines of the October 2005 circular requiring him to inform the employer of his position as ward councillor, and continued to serve in council, knowing he did not have permission from his employer, until he resigned four years later.
The department only became aware of his service as a ward councillor in 2018, and his bosses failed to take steps to ensure his performance of remunerative work was managed.
No corrective action was action until January 2022, when disciplinary proceedings were initiated against him.
He resigned a fortnight later after then-Public Protector Busisiwe Mkhwebane raised the allegations with his employer.
Gcaleka found that the department failed to recover the remuneration paid to Msiza by the municipality while he remained in its employ and then missed the opportunity to do so when he resigned.
The conduct of the department’s functionaries conflicted with the Public Service Act, which empowers the accounting officer to recover the remuneration irregularly paid, by way of legal proceedings, thereby committing maladministration and being guilty of improper conduct.
Gcaleka has given the department 30 calendar days to institute legal proceedings against Msiza for the recovery of the pay he received from the municipality as a councillor without the permission of the executive authority.
Alternatively, it must determine terms of the Public Service Act to approve the retention by Msiza of the whole or a portion of the remuneration he received in contravention of the statute.
The department must also, within 90 calendar days, conduct a full audit of all employees who may be serving as municipal councillors to ascertain whether they have the required permission.
Two officials in the department must face corrective action for the delay in initiating disciplinary proceedings against Msiza.
Msiza, through his lawyers, told Gcaleka that he never intended to cause any malicious intent.
See more from MedicalBrief archives:
No clinic in 30 years for Limpopo village
Provincial Health Department corruption rife
Free State and Limpopo Health officials in court for fraud