The public protector has found that City of Tshwane officials acted irregularly in the selection and appointment of the metro’s chief of emergency services, Moshema Mosia, despite him being qualified for the post.
Public protector advocate Kholeka Gcaleka has released her report into a complaint lodged by a whistle-blower from the city.
Among the complaints from the whistle-blower, which the public protector found were substantiated, was that the city failed to ensure the advertisement for the position of chief of emergency was clear and unambiguous before granting approval for its publication.
“This omission compromised the objectivity, transparency, and fairness required in the recruitment process, and [is] therefore in violation of sections of the Municipal Systems Act and contrary to the provisions of section 195(1)(i) of the constitution,” Gcaleka said in her report.
The complainant also alleged that key checks, including verification of qualifications, references and employment history, were not properly completed before interviews were held.
There is also no evidence that any criminal record checks were conducted for Mr Mosia during the recruitment and selection process, even though the job description and the advertisement stated that the person to be appointed should not have a criminal record.
— Public Protector's report
In her report, the public protector made the same findings that there were no screenings done before interviews, as required by regulations on the appointment of senior managers in municipalities.
“There is also no evidence that any criminal record checks were conducted for Mr Mosia during the recruitment and selection process, even though the job description and the advertisement stated that the person to be appointed should not have a criminal record,” reads the report.
According to the public protector’s findings, the requirement is that the municipal manager should compile a screening report before interviews, but in this case, the screening report dated October 9 2023 was compiled two months after the interviews were conducted.
However, despite the findings, the public protector’s report concluded that Mosia does have the necessary qualifications, experience and skills for the job.
According to the report, Mosia holds a bachelor of administration degree, an advanced diploma in disaster management and qualifications in fire technology. He also has about 36 years of experience in the emergency services environment and previously held senior roles within the City of Tshwane. He was among four candidates shortlisted for the position after 23 applications were received.
After interviews in August 2023, Mosia scored the highest among the candidates and was recommended for appointment. Council approved the appointment in September 2023 and Mosia officially took up the role the following month.
The public protector concluded that while the outcome of the appointment may have been correct, the process used by the City of Tshwane was flawed and amounted to maladministration.
The report ordered executive mayor Nasiphi Moya to table the report before council within 90 days, while the municipal manager has 60 days to put measures in place to ensure future appointments follow due process. The city has also been instructed to make sure job advertisements for senior positions are clear and not misleading.
In response, the City of Tshwane said it has noted the findings and is studying the report. The city said it will take the required administrative steps to implement the remedial actions once it has completed its review, including tabling the report before council within the set timeframe.
“The city remains committed to good governance, transparency and acting within the law,” it said.
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