Thread by @PublicProtector

THREAD: PP @AdvBMkhwebane has found as irregular the City of Tshwane's appointment of former senior executives, Ms. Marietha Aucamp, Mr. Samkelo Mgobozi & Mr. Stephane Adriaan de Villiers in that the trio had not met the minimum requirements for their respective positions.

The findings follow a complaint by the leader of the opposition in the City Council, Cllr. Mapiti Matsena, who had leveled allegations of maladministration, abuse of power, fraud, irregular appoints and corruption against the City and former Executive Mayor, Mr. Solly Msimanga.

Cllr. Matsena alleged that the City irregularly appointed Ms. Aucamp
as Chief of Staff, Mr. Mgobozi as Mayoral Spokesperson, Mr. De Villiers as the Mayor’s Executive Head, Mr. Mathew Gersner as Acting Mayoral Spokesperson & Mr. Tiyiselani Babane as the Speaker’s Office Head.

It was further alleged that the former Mayor issued a public announcement, banning the use of blue lights with sirens in and around the jurisdictional area of the City despite the fact that he had no authority in law to issue such a directive and thus acted ultra vires.

The former Mayor was also alleged to have deliberately misled the public regarding the constitution & the subsequent reconstitution of the Mayoral Committee & by stating that the previous Mayoral Committee had taken a decision to purchase a new fleet of BMW’s for its members.

In addition, the former Mayor was alleged to have announced that he will acquire a cheaper official vehicle than that of the former Executive Mayor and failed to acknowledge that the vehicle he used was a donation from BMW South Africa.

The investigation revealed that the appointments of Ms. Aucamp, Mr. Mgobozi & Mr. De Villiers were irregular as the recruits did not meet the minimum requirements for the posts in which they were appointed & that the City failed to conduct security vetting on them as required.

Ms. Aucamp's position had been advertised on 7/7/16. The closing date was 21/8/16 but was later extended to 31/8/16. Ms. Aucamp appliedon 30/8.16. Among the requirements for the job were a Bachelor’s Degree & 12years’ experience, 5 of which had to be at senior management level.

Evidence showed that, in her CV, Ms. Aucamp did not indicate her academic qualifications. It only listed her highest qualification as Standard 10, obtained in 1995 from Hoerskool Verwoedburg. However, she underwent a competency assessment by HCM Consulting and Assessment.

In the Assessment Form, Ms. Aucamp’s qualifications were listed as a B-Tech. The form was completed longhand. The former Executive Mayor was among the panelists that interviewed candidates for the job. The panel never asked Ms. Aucamp about her academic qualifications.

Despite her not meeting the job requirements, Ms. Aucamp was offered the post on 24/10/16 and accepted it on 28/10/16, on a package of R1.2m per annum.

Regarding Mr. Mgobozi, he was appointed at a salary notch of R1m per annum for a period of six months against the advice of the Group Legal Services of the City that the appointment was inconsistent with the City’s Staffing Policy.

This was a temporary appointment pending the recruitment processes aimed at filling the position, which became vacant when the previous incumbent was transferred to another division, on a fixed-term contract.

The position was advertised on 02/10/16 for a five-year performance-based contract at a salary notch of R1 024 634.00 – R1 536 951.00. The closing
date for the submission of applications was 14 October 2016.

Necessary requirements for the position included a relevant degree & 12 years’ experience, 5 of which needed to have been at senior management level. In his application on 7/10/2016, Mr. Mgobozi attached among others, matric results (not certificate) and a BA Degree certificate

Mr. Mgobozi was shortlisted and interviewed for the position by among others, Ms. Aucamp and then Acting City Manager, Ms. Lindiwe Kwele. He eventually got the job.

Mr. Mgobozi believed he possessed the necessary experience for the position as he worked for the Democratic Alliance in Cape Town prior to taking up his position as Executive Head and Mayoral Spokesperson.

Concerning Mr. De Villiers, he was appointed Executive Head responsible for the Private Office of the Executive Mayor, also for six months pending the recruitment processes. His appointment was effected even though Ms. Kwele did not approve the submission for his appointment.

The position was also advertised on 02/10/16 on a five-year performance-based contract at a salary notch of R1 024 634.00 – R1 536 951.00. The closing
date for the submission of applications was 14/10/2016, with a relevant
degree and 12 years’ experience among the requirements.

Mr. De Villiers applied for the position on 06/10/16, attaching his CV, ID, Senior Certificate and Personal Fitness Trainer certificate, among other things. He further stated in the application that he had nine years’ experience, having
worked for the Democratic Alliance.

Despite the fact that he was neither in possession of the requisite qualifications nor the experience, Mr. De Villiers was appointed Executive Head responsible for the Private Office of the Executive Mayor on 31/10/2016 at a salary notch of R1m per annual.

It emerged that Mr. Mathew Gersner was never officially appointed as an employee of the City. Mr. Babane was suitably qualified and met the requirements for the position but the City failed to conduct security vetting on him before his appointment.

The Acting City Manager failed to act in the best interests of the City when she
appointed Ms. Aucamp, Mr. Mgobozi, and Mr. De Villiers as they did not
meet the minimum requirements. Mr. Shingange, Group Head: HR, was found to have failed to provide proper guidance and advice.

All members of the interview and selection panels who participated in the recruitment of the positons in question were found to have failed to act in the best interests of the City by not applying their minds to the suitability of candidates regarding their qualifications.

Mr. Msimanga was found to have not applied his mind in the appointment of Ms. Aucamp as he should have reasonably known that she did not have a post matric qualification. The rest of the other allegations were found to have been unsubstantiated.

As a remedy, the City Manager was directed to, within 60 days, ensure that a policy is developed to regulate the appointment of staff in the private offices of the Executive Mayor and Speaker. The policy must make provision for urgent/short term appointments should the need arise

Within 60 days, the City Manager must ensure that disciplinary steps are taken against implicated officials of the City who flouted, subverted O.R. violates the City’s Staffing Policy in this matter.

The City Manager must further develop andocument management system that will introduce controls and systems to safeguard the security of documents. This, too, must happen within 60 working days.