A full-time ANC ward councillor at the Elias Motsoaledi Local Municipality in Limpopo is in trouble for drawing two salaries from the council and his other formerly permanent employer, the provincial Health Department.
Mothibe Rhodes Msiza, who is the municipality’s political head responsible for infrastructure services on its executive committee, is also an administration clerk at the Limpopo Department of Health based at the Groblersdal Hospital.
Public Protector Kholeka Gcaleka investigated the matter following a complaint by the Motetema Thushanang Crisis Committee, which wanted to establish if it was possible for Msiza to occupy two public service positions and simultaneously receive two public service salaries, while other people were unemployed.
Gcaleka also sought to determine whether Msiza performed other remunerative work as a ward councillor outside of his other official duties and did so without obtaining permission from his bosses as required by public service prescripts.
The investigation found evidence revealing that Msiza was 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.
Msiza failed to comply with the provisions of the Act in that his application to perform other remunerative work was only made 19 months after he occupied a position as a ward councillor and such application was incomplete and defective and was thus never approved, according to Gcaleka.
However, he declared his financial interests to the municipality as required by the Municipal Systems Act.
In the municipality’s disclosures of financial interests for the 2023/24 financial year, Msiza declared his salary of R19 025 from the Limpopo Department of Health.
In addition, he also 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 with the full knowledge that he does not have required 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 the appropriate steps to ensure that his performance of remunerative work was managed and did not take corrective action.
The department only took action against Msiza in January 2022 by instituting disciplinary proceedings against him but he resigned about two weeks 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 further missed the opportunity to do so when he resigned.
The conduct of the department’s functionaries was in contrast with the Public Service Act, which empowers the accounting officer to recover the remuneration irregularly paid to Msiza by way of legal proceedings and, therefore, committed maladministration and improper conduct in terms of the Constitution and the Public Protector Act.
Gcaleka has given the department 30 calendar days to institute legal proceedings against Msiza for the recovery of the remuneration 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 and in terms of the Constitution, conduct a full audit in respect of all employees in its employ who may be serving as municipal councillors to ascertain whether they have obtained the required permission as required by the Public Service Act.
Two officials in the department must face corrective action for the inordinate delay in initiating disciplinary proceedings against Msiza.
Both Elias Motsoaledi Local Municipality Mayor Magetle Tladi and Msiza could not be reached for comment.
Msiza, through his lawyers, told Gcaleka that he never intended to cause any malicious intent.
Mphoke PK Magane Attorneys also questioned the Office of the Public Protector’s decision to serve its notice directly to Msiza and isolate them.