Ex-secretary to Parliament goes to CCMA over his summary dismissal

It’s a new legal twist in an almost three-year saga which led to both the National Assembly and National Council of Provinces (NCOP) adopting motions on 17 October 2019 that Mgidlana be “dismissed summarily and his contract of employment be terminated with immediate effect”.

Two insiders at Parliament have confirmed the CCMA proceedings from Tuesday, and that the national legislature is opposing Mgidlana.

Daily Maverick is reliably informed that at least some of the proceedings are over Mgidlana’s use of blue lights and the transport of a relative and his wife on occasion – he was found guilty of “failing to stop the PPS (Parliamentary Protection Services) drivers from using blue lights and/or sirens…” the National Assembly motion states — as several drivers are scheduled to testify at the hearing. The names of the drivers scheduled to appear before the CCMA are known to Daily Maverick.

Mgidlana was contacted by SMS and email on Monday morning, and again on Monday afternoon, but no responses were forthcoming.

Parliament spokesperson Moloto Mothapo was contacted by telephone, SMS and email on Monday morning for comment by the close of day. In a later follow-up inquiry, Mothapo replied by SMS: “I’m unable to comment within your deadline”. If and when a comment is provided, this article will be updated.

That Mgidlana turned to the CCMA is not necessarily unexpected. He’s maintained his innocence throughout, as far back as mid-2017 when Parliament’s internal audit committee probe was underway, also to the disciplinary proceedings that were decided on in November 2017 on the back of the audit committee report.

While Parliament had kept that internal audit report into abuse of power and maladministration under wraps, it became a public document when in April 2018 Mgidlana asked – ultimately unsuccessfully – for the Western Cape High Court to set it aside because it was “unlawful” and had violated his rights.

This report recommended disciplinary proceedings after scathing findings on 15 matters, including Mgidlana’s travels costing about R4-million, the appointment of unqualified executives and receipt of a R71,484 ex-gratia payment just months into the job.

The independent disciplinary proceedings were concluded on 30 August 2019 with a recommendation of summary dismissal for serious misconduct.

When National Assembly Speaker Thandi Modise briefed the Joint Standing Committee on the Financial Management of Parliament on 11 September 2019, MPs were told she and NCOP Chairperson Amos Masondo had accepted this recommendation for Mgidlana’s summary dismissal. And it emerged legal advice had been sought on this decision.

Then few details emerged at the committee beyond how one of the 13 charges against Mgidlana had been withdrawn and he was acquitted on other counts, but found guilty on seven, including for serious misconduct counts that carry the sanction of immediate dismissal.

More details emerged publicly in the motion the National Assembly adopted on 17 October 2019.

The serious misconduct guilty verdicts against Mgidlana are listed as failing to stop Parliamentary Protection Services from using blue lights and/or sirens on several occasions, paying himself an ex-gratia payment, chairing a special bid adjudication committee, appointing a chief information officer who did not meet the minimum requirements and for allowing his wife to travel with him.

He was also found guilty of misconduct for abusing the PPS driving facility to provide transport for a relative and his wife in contravention of institutional policy, and also for using Parliament’s credit card in violation of institutional policy.

As both Houses approved Mgidlana’s appointment from 1 December 2014, this parliamentary process was necessary to dismiss him. On 17 October 2019, both the NCOP and National Assembly unanimously carried the motions of Mgidlana’s summary dismissal.

Then Mgidlana told Daily Maverick via SMS and email:

“I believe that the outcome of the DC (disciplinary process) is wrong in fact and law. I’m taking advise (sic) on the matter and challenge the decision of the employer in the appropriate forum”.

That turned out to be the CCMA.

But regardless of the outcome of the CCMA proceedings, Mgidlana would not be able to return to Parliament as his five-year contract as Secretary to Parliament ended in December 2019.

And for all intents and purposes, Parliament may already be shortlisting potential new candidates; the post had been advertised in early February with a closing deadline of 21 February 2020.

The newspaper-published advert of 9 February had few details except that it’s a five-year performance-based contract with a R2,457,227 remuneration package.

That’s some way short of the R2.8-million salary package Mgidlana had been paid, also during first, his being on special leave from June 2017 pending Parliament’s internal audit committee probe, and then his suspension from November 2017 pending the finalisation of disciplinary proceedings.

The Secretary to Parliament job advert – it also includes the call for applications for the post of chief audit executive – states shortlisted candidates would be subject to “a positive security clearance by the South African Police Service and State Security Agency (SSA), citizenship and qualifications check”, but also that “Parliament reserves the right not to make an appointment”.

Parliament has not yet made a formal announcement on its progress in finding a new, permanently appointed Secretary to Parliament. DM