MEC of health stop maladministration findings

An urgent interdict to stop disciplinary action against Maruping Lekwene, MEC of health in the province, has been granted in the Northern Cape High Court on Friday.

Lekwene applied for an urgent interdict to stop premier Zamani Saul, as well as Abraham Vosloo, MEC for Finance, Economic Development and Tourism, to take disciplinary action against him, after a report from the Public Protector was released early in June.

He also applied to have the report set aside and reviewed.

The report was released on 3 June after an investigation into the improper conduct and maladministration in relation to the secondment and the subsequent appointment of Vincent Mothibi as the CEO of the Northern Cape Gambling board.

The Public Protector investigated these allegations after receiving an anonymous tip-off from a whistleblower, against MEC of health, Maruping Lekwene.

Mothibi was appointed CEO of the Gambling Board in September 2019, by Lekwene, who at the time was the MEC for finance, economic development and tourism. This appointment was alleged to be improper because Mothibi was seconded as CEO of the Gambling Board for a period of three years, instead of the prescribed 12 months.

According to the report Mothibi did not meet the requirements of competencies to be CEO, there was no prior agreement between the Gambling Board and the department of economic development and tourism to second him as CEO, no appointment process was followed and it was not done according to law.

Adv. Busiswe Mkhwebana, as the public protector, found that Mothibi only has a national diploma in personnel management, instead of a BA in commerce, law or public administration, that was prescribed by the Gambling Board. No recruitment process was followed and the temporary appointment was improper.

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The report says Lekwene violated the Ethics Code and acted in violation of the law. It was inconsistent with the integrity of his office of the MEC.

According to Lekwene’s affidavit to the court, the actions proposed by the Public Protector, would be detrimental to his political career, his reputation, as well as incur financial damages that will be irreparable, even in the event of his succeeding to have the report reviewed and set aside.

1. The premier must, within 30 days from the release of the report, take disciplinary action against Lekwene for his “improper conduct relating to the irregular secondment of the subsequent irregular appointment of Mothibi as the CEO of the Gambling Board”;
2. A reported must be submitted to the Northern Cape Provincial Legislature (NCPL) on the action taken against Lekwene by the premier within 60 days;
3. Vosloo, as MEC for Finance, Economic Development and Tourism, must institute proceedings for judicial review within 30 days;
4. A report must be submitted to the NCPL within 60 days of the action taken by Vosloo.

Lekwene argues that the allegations against him are very serious, since it implies he did not act “in good faith” and that the report could harm his reputation, especially in times where the conduct of politicians are meticulously scrutinized by members of the public.

He submitted that the public protector has no power to instruct the premier to take disciplinary action against a member of the execute council, as it was not an employer/employee set up.

“The only disciplinary steps can be taken tot dismiss me. It will be disastrous to my career if I am dismissed as MEC. It is difficult to see that the harm caused could be reversed even in the event of me succeeding to have the report reviewed and set aside by the court.

The order was granted as it was undisputed. – find-it.co.za