Public Protector Advocate Kholeka Gcaleka has ordered Merafong Local Municipality mayor Nozuko Best and the municipal manager Dumisani Mabuza to find an appropriate sanction against its human resource manager after it was discovered that she was hired irregularly to her managerial position. The municipality in West Rand has also been ordered to take all human resources personnel to training on the recruitment and selection of employees in government within a period of 30 days. 

PUBLIC PROTECTOR'S REPORT

These details are contained in Gcaleka's investigative report issued two weeks ago in which she found that the municipality had hired one Nonceba Mbilini, first to the position of Training Officer without a matric certificate, and later promoted her to the position of human resource manager without meeting the requirements of the advertised position. In its report findings, the Public Protector said she found that Mbilini who was first hired in 2011 and promoted in October 2022 was appointed to the managerial post without the required qualification of a degree as stipulated by the advertised position. She was found to be only in possession of a National Diploma in administrative management from Unisa, while the post had asked for a bachelor's degree, or an equivalent qualification set at level 7. According to the report, the Public Protector had received a complaint from an anonymous complainant on 20 October 2022, the day on which Mbilini was promoted to the post. The whistleblower had also alleged that Mbilini was issued with the appointment letter by HR on the instruction of the municipal manager's office despite having failed to produce her certificate. In her findings, the Public Protector said though she could not investigate allegations about Mbilini's appointment as training officer, because it was reported after the two-year period had lapsed, she found that indeed the allegations against the municipal official were substantiated. 

NO REQUIRED QUALIFICATIONS 

This, she said, was because the records that were supplied to her office by the municipality human resources confirmed that Mbilini was not in possession of matric certificate including the bachelor's degree which was a requirement for the shortlisting, interviewing and appointment in the position of Manager Human Resources. The investigation reports shows that the Public Protector had also given the involved parties in the matter an opportunity to make submissions in response to the allegations and findings, and she said only Mbilini and the former acting municipal manager Lerato Peu took the opportunity. In her response to the findings against her appointment, Mbilini told the Public Protector she was supposed to widen the scope of her investigations to include previous management appointments made by the same Municipality instead of focusing on her appointment only. 

HR MANAGER WAS CERTAIN OF QUALIFICATIONS 

She said she believed she qualified for the positions of Manager Human Capital arguing that before applying for the post she did her own research to establish if her qualifications were equivalent to the requirements of both positions, she was appointed to at the municipality. She said she possess a National Certificate N3 in Business Secretarial, which she said according to her knowledge was equivalent to a matric certificate, and she said she was also in possession of a National Diploma in Administrative management, a qualification which she said was equivalent to NQF level 7 as per the requirement of the advert for the position of human resource manager. Mbilini had also argued in her submission that the requirements for management positions at the Municipality had always been capped at NQF level 6 and said this was only changed in 2020 without following due process. The municipal official also criticized the findings of the public Protector stating that the conclusion was merely based on the information obtained from internet search and not through an affidavit from SAQA. 

SAQA REPORT CONFIRM PP FINDINGS ON APPOINTMENT

In response to Mbilini's claims, the Public Protector further indicated that they had secured an affidavit from the CEO of SAQA who confirmed through a report that Mbilini's version and knowledge about qualifications was flawed stating that the qualification authority differed with her analysis. The report shows that SAQA confirmed that a National Certificate N3 was not equivalent to Matric Certificate stating that it was equivalent to level 3, while Matric senior certificate was level 4. Mbilini's version about a National Diploma being equivalent to NQF level 7, was also dismissed by the report by SAQA, which said diplomas were capped at NQF level 6, and not 7 as suggested by Mbilini. Merafong Local municipality anager Mabuza filed his submission to the public Protector and committed that the Municipality was taking the findings in a serious light stating that measures were being taken towards speedy determination of the matter. 

MUNICIPAL OFFICALS BEHIND IRREGULAR APPOINTMENT LEFT ENTITY

Mabuza, in his submission, said the Municipality had already appointed a competent law firm of attorneys which specializes in labour law to help provide it with an opinion on the position of the law in regard to irregular appointments and advise on way forward on the matter. The municipal manager said most of the officials who participated in the interview panel that short shortlisted, interviewed and appointed Mbilini were no longer part of the Municipality as they left, and one has passed on. However, he said the municipality recognizes the need to continue to invest time and resources in the training of its staff in corporate governance, recruitment and appointments to prevent any incidences of irregular appointment and fruitless and wasteful expenditure from happening again.