As the House rise for elections after five tumultuous years, 41 ‘critical’ administration vacancies remain

The disciplinary proceedings against suspended Secretary to Parliament Gengezi Mgidlana are on-going – almost two years after he, in June 2017, initially requested special leave before Parliament’s presiding officers suspended him in early November 2017 pending disciplinary action.

After Mgidlana unsuccessfully approached the courts in early 2018 for an interdict pending a review of the internal audit committee report that gave rise to the disciplinary proceedings, Parliament on 21 April 2018 in a statement said it would “continue to pursue the disciplinary action against its suspended Secretary”. This, according to the national legislature, included counts related to “inter alia, the alleged breach of the Financial Management of Parliament and Provincial Legislatures Act, breach of the parliamentary policies as well as the National Road Traffic Act”.

These disciplinary proceedings are not yet done. And this has raised eyebrows among opposition parties, and the National Health and Allied Workers’ Union (Nehawu).

DA Chief Whip John Steenhuisen said it was “abundantly clear Mgidlana’s strategy of dragging this disciplinary process out until the end of his contract (end November 2019) is being indulged by Parliament” and this was another example of a lack of consequences for those who fail to perform or compromise democratic institutions.

“In the greatest of ironies Parliament, an accountability mechanism for our country, has been wholly unable to hold its own secretary accountable,” said Steenhuisen. “The secretary has been sitting at home doing nothing while earning his fat salary from Parliament, paid for by the people of South Africa… I have absolutely no doubt Mgidlana will face absolutely no consequences and will toddle along into another cushy government sinecure where he will continue with his ways,” Steenhuisen added.

Nehawu Parliament branch chairperson Sthembiso Tembe on Tuesday said the union was concerned about the delays, given that Mgidlana is receiving his salary for almost two years while on suspension from work:

“We have not been fully briefed on why this has been delayed. No-one is saying anything. But by now this matter should have been concluded already.”

On 19 March the Joint Standing Committee on the Financial Management of Parliament heard the disciplinary process was proceeding with “key witnesses”, according to the Parliamentary Monitoring Group (PMG) minutes, that also recorded that there also appeared to be a dispute over related legal bills.

Parliament’s spokesperson Moloto Mothapo by Thursday had not responded to questions submitted in writing on 20 March, and followed up on Tuesday, including whether the “key witnesses”, as speculation along parliament's corridors indicated, were the presiding officers, why the disciplinary process had run this long as well as the costs of the proceedings.

As Mgidlana remains on suspension pending the finalisation of disciplinary proceedings, the post of Secretary to Parliament has been held in an acting capacity by Baby Tyawa. Her position is one of several senior management posts held by acting appointments.

After Parliament’s former chief financial officer Manenzhe Manenzhe moved north to take up the City of Johannesburg CFO post from 1 January 2019, Joe Nkuna was appointed as an acting chief financial officer at the national legislature.

Now in charge of human resources in an acting capacity is “Mr M Mokonyana”, according to Parliament’s website, after the resignation of previous HR executive Lizo Makele. The Chief Information Officer’s post once held by Unathi Mtya – she paid Parliament R88,333 to settle her R265,000 bursary-related obligations as she left eight months into a mandatory 12-month in-service, the national legislature has previously confirmed – is now held in an acting capacity by a “Ms F Boltman”, according to Parliament’s website.

The Parliament Budget Office has been director-less since 30 September 2018 despite a controversial last-minute contract extension until three months after the 2019 elections that was pushed through the National Assembly on the back of ANC numbers.

Of the 80 current vacancies at Parliament, more than half (41) were deemed “critical” vacancies, it emerged at the 19 March meeting of the Joint Standing Committee on the Financial Management of Parliament.

According to PMG minutes, Tyawa told MPs that while some offers had been made, these were not accepted because candidates did not want to come to Cape Town. Parliament’s location in Cape Town was also the reason cited for resignations as the partners or spouses of employees hired from outside the Western Cape often struggled to find work, leading to the decision to leave Parliament. But Tyawa told MPs that Parliament’s resignation rate of 1,6%, was not too high overall.

But there may be further departures from key sections like committees as scores of senior staff are looking to take early retirement.

The number – 200 – that is widely circulating on the parliamentary precinct could not officially be confirmed. But this move for early retirement is set to form part of the wage negotiations at Parliament. In terms of the pension scheme, retirement before age 65 would incur heavy penalties.

“Our involvement (as the union) is because we want to see that they get better terms and conditions. We are not there yet. The institution has not yet agreed,” said Tembe. “The narrative the union is pushing people to take early retirement is not true. The comrades have been organising themselves. No-one is going to be forced to retire.”

Mothapo did not respond by Thursday to questions submitted in writing on 20 March, and followed up on Tuesday, on when top management vacancies like the IT and HR posts would be filled and whether it was of concern the national legislature appeared to struggle to attract, and retain, skill. He also did not respond to questions around the early retirement process for staff currently underway as well as questions related to the Parliamentary Protection Services (PPS), its status on the precinct and the possible negative impact of the still vacant post of the PPS boss and deputy.

These PPS vacancies are long-standing. The post of PPS boss has remained vacant even after former incumbent Zelda Holtzman and Parliament agreed on a settlement in May 2018. The deputy post has not been permanently filled since Malatsi Mokgatla’s contract ran out at the end of 2015 while he, like Holtzman, was on suspension.

In March 2019 a move to fill these posts even if only in an acting capacity with incumbents Deon van der Spuy and Cathleen Campbell backfired – not lasting beyond 20 days.

A document dated 19 March on Parliament’s letterhead, seen by Daily Maverick, confirms that the acting appointment from 1 March of Van der Spuy and Campbell were reversed, although they would be paid the acting allowance that came with the job they held for the 20 days.

According to Tembe, Nehawu stepped in here because of the grievance filed against Van der Spuy that remained outstanding from 2018.

“We can’t allow him to act in that position because we believe he’s central to the challenges and toxic environment. He was central to the employment of the ‘bouncers’.”

Meanwhile, the 69 long-standing PPS members, who took their grievance over better conditions of service and employment of these bouncers, to the Labour Court have been granted leave to appeal.

Initially, the decision came down against K Naidoo and 68 others, as the case 865/2016 is enrolled, but on 15 March 2019, the Labour Court granted leave to appeal. Whether it’ll go to another round of legal arguments or whether there may be a settlement is unclear.

The bouncers, officially their job description is Chamber Support Staff, have been in the public eye for being called in to remove rowdy MPs, usually EFF parliamentarians, in what have often been chaotic scenes. They were hired from the SAPS, including the riot police, at short notice in July and August 2015 after the National Assembly adopted the new rules on removing rowdy MPs.

Since late 2018, the PPS that once was at the point in all matters of protecting the parliamentary precinct appears to be relegated as the SAPS seem to have taken the lead. This happened after the suicide of senior parliamentary manager Lennox Garane on 14 September 2018 over workplace bullying and unresolved grievances. The suicide note, also the funeral pamphlet, headed “This is a protest suicide” was widely circulated on social media.

Parliament subsequently asked the Public Service Commission (PSC) to investigate. This was done and, Sunday Times, a draft report has “rebuked” Garane’s former boss Dumisani Job Sithole, a former ANC MP, and Secretary to the National Council of Provinces (NCOP) Advocate Modibedi Phindela over their handling of various matters.

The SAPS moved quickly to assert themselves to boost their role on the parliamentary precinct. Senior officers told Parliament’s police committee on 27 September 2018 of stepped up security measures in line with their plan to “safeguard the Parliament as a strategic government installation and to ensure the safety and protection of VIPs within the parliamentary precinct”.

However, the 2004 Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act expressly puts the presiding officers - the National Assembly Speaker and National Council of Provinces Chairperson - in charge of everything on the parliamentary precinct.

Clause four stipulates security services, including the SAPS, may only enter or remain on the parliamentary precinct to perform any policing function “only with the permission and under the authority of the Speaker or the Chairperson”. In instances of “immediate danger to the life or safety of any person or damage to any property”, the security forces may step in to avert that imminent danger, but must report their actions without delay to the presiding officers.

Traditionally the PPS has led matters on protection and safety, and led the liaison committee with the SAPS as Parliament’s in-house protection service, similarly to legislatures around the world from Ghana to the United Kingdom.

Daily Maverick is reliably informed that the Chief Whips’ Forum, the multi-party structure of key party officials, resolved in early March for the removal of the turnstiles installed at two key entrances given complaints raised from within political parties, but also the parliamentary staff. And Nehawu agreed: “That thing is dangerous. What if there’s a fire? People will not be able to move out,” said Tembe.

Mothapo did not respond by Thursday to written questions submitted on 20 March, and followed up on Tuesday, as to whether the national legislature is acting on the Chief Whips’ Forum resolution.

The parliamentarians may have sights set on the 8 May elections, but there’s plenty to keep the administration busy. And by the looks of it, there’s quite a bit already on the order of business for the new incoming post-elections Parliament. DM