GAUTENG – More than two and a half years after her precautionary suspension, the Chief Financial Officer (CFO) of the Gauteng Department of Infrastructure Development [DID] is still at home on full pay, while the department has spent an estimated R100-million in legal fees pursuing what court papers describe as “trumped-up charges”.
The CFO, whose suspension has become one of Gauteng’s most expensive disciplinary sagas, was initially suspended in March 2024.
According to court papers seen by Africa Daily, she was suspended after she flagged non-compliance in high-value bids for General Building (GB) and Civil Engineering (CE) contracts.
Despite her removal, the department allegedly continued to award those same bids, with the total value now estimated at close to R3-billion.
However, that contract has since been cancelled by the new HOD Rufus Mmutlana after it was discovered the were irregularities.
The court papers paint a picture of a disciplinary process that has been prolonged, unlawfully constituted, and legally flawed from the start.
Clause 2.7(2)(c) of the SMS Handbook states that if a senior manager is placed on precautionary suspension, the employer must commence a disciplinary hearing within 60 days.
In this case, the CFO was only charged after eight months on suspension. Now, 30 months later, the hearing is still dragging on.
The charge sheet reveals that the department appointed external legal representation before the charge sheet was finalised.
According to the court papers, the previous chairperson, whose name is known to Africa Daily, had advised that the department must be represented by a legal representative.
When the chairperson was changed, the new chairperson – a senior counsel also known to Africa Daily– agreed to legal representation for the employer.
This is in direct conflict with the Directive on Discipline Management in the Public Service. Paragraph 7 of the directive is clear: external legal representation is only permitted in cases relating to fraud, corruption, or requiring special skill.
In this case, there is no such issue.
“She is sitting at home earning close to R2-million per annum. Meanwhile the department paid more than R100-million for the chairperson, who is a senior counsel, the advocate representing the employer, and the law firm represented by a senior attorney and two junior attorneys,” the papers state.
For every sitting since March 2024, DID has retained that senior advocate as chairperson, plus an external law firm that fields an advocate, a senior attorney and two junior attorneys.
That, the papers argue, is textbook fruitless and wasteful expenditure. There was also no detention for the suspension after 60 days as required by the directive.
According to the charge sheet itself, the department is not even required to appoint an external legal representative because the charges are not classified as serious or complex.
The charges levelled against the CFO, which she denies according to the court papers, include failing to submit a document, failing to submit reports, failing to confirm a budget, failing to appoint a personal assistant, and being absent from work – charges which, the papers note, only require a check of whether leave was approved.
“There is no need to appoint an advocate to investigate these charges, as they are not complex, as required by the regulations. The department is incurring fruitless expenditure by appointing a law firm that includes an advocate. This is fruitless expenditure, considering the budget constraints our government faces,” the papers read.
“The department does not want the CFO to return to work because she wants nothing to do with irregularities or non-compliance with the law.”
A source inside the department alleged that the process is driven by favouritism and that the CFO is not wanted in Gauteng because of her stance on enforcing compliance.
However, the insider said incumbent MEC Jacob Mamabolo’s hands were tied and he could only allow the process to run its course.
The source further claimed former Head of Department Masabata Mutlaneng is one of the officials affected after the lifestyle audit function was moved from Infrastructure Development to e-Government by the Premier of Gauteng.
The selective application of discipline is also placed under the spotlight.
Another source within the department said while the CFO is being pursued for administrative lapses, Deputy Director-General Mmangkwane Selepe, who according to the Mayibuye School charge sheet incurred fruitless expenditure of more than R10-million, remains at work and was never suspended.
“The CFO is charged with enforcing compliance, while DDG Mr Selepe, who incurred irregular expenditure of more than R10-million… is still at work and was never suspended,” the source said.
“This is a serious concern: when you do the right thing, you are forced to stay home because you are not supporting corruption.”
Sources inside the department have previously blamed Mutlaneng for using the CFO as a scapegoat for maladministration.
The former HOD has also been accused of unilateral staff movements and a wave of resignations that have gutted senior management.
When approached previously, DID spokesperson Victor Moreriane declined to discuss the merits, citing confidentiality.
“In line with public service regulations, matters related to disciplinary cases are classified as confidential and restricted between the employer and the employee… The department will, therefore, refrain from commenting on the merits of the case,” he said.
The department had not responded by the time of publishing.
