President initiates remedial action on PP report regarding Treasury Director-General
The Presidency has informed the Office of the Public Protector that President Cyril Ramaphosa has initiated remedial action in line with the report of the Public Protector on the appointment of National Treasury Director-General Mr Dondo Mogajane.
On 18 December 2018, the Public Protector issued a report titled "Report on the Investigation of Improper Conduct Regarding Mr Dondo Mogajane's Application for the position of Director-General at National Treasury and his subsequent appointment to the same position by the National Treasury".
Mr Mogajane was employed as the Director-General of National Treasury, with effect from 8 June 2017, on a fixed-term contract of five years. The Public Protector found that Mr Mogajane had failed to disclose a criminal record on the Z83 application form he completed for the position of Director-General at the National Treasury and that this failure constituted impropriety or dishonesty, and amounted to improper conduct.
The Public Protector recommended that, within 30 days of the report, the President should take appropriate action against Mr Mogajane in terms of Section 16A of the Public Service Act for "blatantly and dishonestly" making false representation of material facts in his Z83 form.
The Public Service Act directs, inter alia, that the President is responsible for disciplinary steps and the implementation of relevant sanctions against a head of department.
Section 42A(3)(a) of the Act enables the President to delegate to any Minister any power conferred on the President, including the power to initiate disciplinary action against a Director-General as well as to effect the outcome thereof.
Consequently, President Ramaphosa has informed the Public Protector in writing that he has requested the Minister for Public Service and Administration, Ms Ayanda Dlodlo, to study the report on Mr Mogajane and advise on the steps the department will take to address the specific issues raised by the Public Protector.
The President has also in terms of Section 42A(3)(a) of the Public Service Act – read with other provisions – delegated to the Minister of Higher Education and Training, Ms Naledi Pandor, the power to initiate disciplinary action against Mr Mogojane.
Once Minister Pandor has fulfilled her role, the President has delegated to the Minister of Finance, Mr Tito Mboweni, the authority to implement the outcome of the disciplinary hearing, including, but not limited to, the implementation of the sanction pronounced by the Chairperson of the hearing.
The President is of the view that the current Minister of Finance, who is required to take ownership of decisions made by his predecessor, may be conflicted in this situation and it would therefore not be appropriate to delegate the power to institute disciplinary actions against Mr Mogajane to the current Minister.
President Ramaphosa has given the Public Protector an undertaking that the Office of the Public Protector will be updated as soon as the Ministers in question provide reports.
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