MEC under fire again for overstepping authority

Cooperative governance and traditional affairs (Cogta) MEC Fikile Xasa has again apparently overstepped his authority by appointing an acting administration head.

The power to appoint a person to such an office vests only with the office of premier Phumulo Masualle.

Xasa recently appointed a new deputy director-general (DDG), Nomphelo Roboji, to act as head of department (HOD), while still on probation without Masualle’s blessing as required.

It is understood Roboji is still on probation and has only been in a DDG position for three months.

This should have automatically disqualified her to take up the position of HOD.

As a result Cogta’s acting HOD could soon find herself in limbo as Masualle is said to be searching for someone else to act in the position.

The post became vacant recently when the department’s accounting officer Nombulelo “Bea” Hackula was placed on suspension by Masualle for allegedly not declaring her directorship in companies which did business with the department of social development while she was their accounting officer.

Yesterday provincial government spokesman Sizwe Kupelo said Masualle did not recognise Roboji’s appointment as he had had “no hand in it”.

Kupelo said the premier was still searching for “a suitable candidate” to take over in an acting capacity.

He said: “Even though such competency lies with the premier in terms of his delegation, he has had no hand in the appointment of this acting HOD.”

Asked if it was within legal bounds to appoint a person still on probation, and without Masualle’s blessings, Kupelo refused to comment.

“That would be best answered by that department as the premier had nothing to do with such,” he said.

It is not the first time Xasa, who could not be reached for comment yesterday, has overstepped his authority into Masualle’s territory.

In October 2014 Xasa suspended his then-HOD Stanley Khanyile without authority after some department employees alleged various transgressions against Khanyile.

Khanyile’s suspension was later reversed by the Public Service Commission which declared it irregular because such competency lay only with Masualle.

The commission found Xasa had acted outside his boundaries.

Xasa’s spokesman Mamnkeli Ngam yesterday confirmed the acting HOD’s appointment was not done by the premier, saying “this was an internal arrangement as we could not operate with a vacuum in that level”.

He did not answer questions around the incumbent being on probation and the implications of appointing her without due processes being followed.

Bhisho legislature’s office of the premier’s portfolio committee chair, Sicelo Gqobana, said the committee had raised concerns with Masualle when hearing Xasa had made the appointment.

“When we saw it in the newspaper we raised the issue and agreed that such appointment needed to be regulated.

“According to the Public Service Act, the MEC has no right to make such appointment.

“We are now praying his appointee did not sign or take crucial decisions that could later be deemed irregular,” Gqobana said.

The Dispatch has reliably learned that safety and security department HOD Ngaka Mosehane, who could not be reached yesterday, might soon be appointed to also act as Cogta’s administration head. — asandan@dispatch.co.za

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