The Democratic Alliance has filed an ethics complaint against social development minister Sisisi Tolashe for allegedly misleading parliament regarding the term of employment for the director-general of her department.
According to the party, it believes that she lied to parliament, potentially committing an offence and that Tolashe has proven herself unfit to serve South Africa’s most vulnerable citizens.
DA spokesperson on social development Alexandra Abrahams said Tolashe contradicted a cabinet resolution that the 64-year-old director-general of social development, Peter Netshipale, should only be appointed for one year and thereby failed to uphold the standards of conduct expected of her.
Cabinet minutes dated March 26 show that his appointment was approved for a one-year contract, with a remuneration package of R2.259m per annum, because Netshipale was already 64, beyond the standard retirement threshold for public servants.
The department is grappling with a series of controversies involving sudden suspensions, secondments and staff reshuffles, many of which insiders say were driven by Tolashe through Netshipale since his appointment in March.
The Sunday Times reported that Netshipale, who was appointed only seven months ago, is now facing charges of gross dishonesty, dereliction of duty and bringing the department into disrepute.
An internal letter from Tolashe to Netshipale, circulating among senior staff, accuses him of serious misconduct and gives him until October 20 to submit written representations.
In the letter, Tolashe warns that failure to “take responsibility” could result in his dismissal “to protect the dignity of [her] office”.
However, the minister reportedly issued him a five-year contract, despite warnings from senior officials that doing so would contravene regulations.
In May, Abrahams questioned Tolashe in parliament about the contract period. The minister replied that it was “five years, in line with prevailing prescripts”.
According to the Sunday Times, an internal memo sent to department of social development staff last week confirmed that the authenticity of Netshipale’s contract had been under investigation and that the cabinet’s decision for a one-year term was binding.
“The DG’s contract has been changed to one year, and his contract term will run until March 2026,” the memo read.
It was suggested that the contract duration was a clerical error rather than an intentional act by the minister. However, this version appears to have changed, according to the formal letter sent to Netshipale in which Tolashe now accuses him directly of having changed the employment contract terms to suit himself, and apparently without her knowledge.
In the letter to Netshipale, seen by the Sunday Times and confirmed to be authentic by department spokesperson Sandy Godlwana, the minister wrote: “Unbeknown to me you decided to sign a contract for five years which has since been varied to a year ... on the face of it, your conduct constitutes misconduct of, among others, dereliction of duty, alternatively dishonest conduct and prejudicing the administration and efficiency of the office of the minister.”
The letter lists the three charges as dereliction of duty (alternatively misrepresentation and failure to do due diligence); gross dishonesty (alternatively failing in your duty of trust and faith to your employer); and “bringing the department into disrepute by drawing negative media attention to the department because of your actions”.
“By publishing a misleading response to a written parliamentary question and submitting a misleading report to the portfolio committee on Netshipale’s appointment, the DA has concluded that the minister has lied to parliament not once but twice which may constitute an offence,” said Abrahams.
Abrahams said Tolashe reportedly used her position to influence hiring and recruitment processes by shielding her favoured special advisor, Ngwako Kgatla, from accountability and disciplinary processes.
“She then employed an unqualified and unsuitable person – Lesedi Mabiletja – to the position of private and appointment secretary and acting chief of staff, based on alleged favouritism and nepotism.
Abrahams said if true, Tolashe’s conduct amounts to a violation of the Code of Ethical Conduct and Disclosure of Members’ Interest, which all members of parliament and the executive are meant to uphold.
“Minister Tolashe has brought parliament and the department of social development into disrepute and is not fit to hold her position and should be removed. There is a serious crisis of leadership at the department of social development, one of government’s most crucial departments with budget of R294bn and responsible for the payment of social grants, which is detrimental to deliver on its core functions and mandate,” said Abrahams.
Abrahams said Tolashe should be held to account for all the failures, and if she is found guilty by the ethics committee, the DA will be demanding serious accountability.
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