Public protector Busisiwe Mkhwebane tried to circumvent formal steps to oust spokesperson Cleopatra Mosana for perceived misconduct, such as calling her by her first name, parliament’s section 194 committee heard on Tuesday.
So far this single dispute has cost the public protector’s office almost R1m, and further costs are expected with a review of a decision from the Commission for Conciliation, Mediation and Arbitration (CCMA).
The Mkhwebane impeachment committee heard on Wednesday from the acting head of corporate services in the public protector’s office, Gumbi Tyelela. He told of an acrimonious relationship between Mkhwebane and former spokesperson Mosana and the costs incurred in removing her.
In reply to a question from the ANC’s Xola Nqola on whether using a person’s first name was grounds for dismissal, Tyelela said: “The context here is important, which I don’t know.”
Tyelela recalled a Monday morning meeting in which an “upset” and “angry” Mkhwebane was resolute that she did not want to work with Mosana.
“She said she must go,” recalled Tyelela.
Mkhwebane, he recalled, said she “did not want to be doing her work and that Ms Mosana was disrespecting her by calling her by her first name”.
Mkhwebane’s counsel, Dali Mpofu, submitted that respect for seniors was necessary, and suggested Mkhwebane was justified in taking issue with Mosana using her first name.
Tyelela said Mkhwebane wanted Mosana sent home immediately to serve out her notice, but Mkhwebane dismissing Mosana without proper process was impermissible. Tyelela said he handled the matter, and Mosana went home the same day and was soon made senior manager for communications.
“She wanted a meeting with [Mkhwebane] to find out what she had done,” Tyelela said in his statement.
Manketsi Tlhape of the ANC asked if Mosana’s change in position was due to poor performance. Tyelela said it was based on the public protector’s refusal to work with her. Mosana has said in a submission that she resigned from the office due to intimidation and harassment.
In 2019, she took her demotion to the CCMA and won an award of R530,000. Tyelela. Internal legal advice was that then CEO Vussy Mahlangu should settle, but he sought another legal view.
By then, said Tyelela, the office had already spent some R469,000 on the dispute, excluding three days of consultation and three more on arbitration. Mosana also went to the CCMA over constructive dismissal. She won an award of six months salary at R530,000.
An advocate said there were reasonable prospects of winning a review and estimated it would cost about R450,000. Mkhwebane approved taking the CCMA decision on review and the case is pending, Tyelela reported.
During the question and answer session with MPs, Mkhwebane’s proximity to the State Security Agency (SSA) came under scrutiny. Tyelela said the public protector retained ties to the agency, where she was previously employed.
Altogether 123 candidates were interviewed in 2017 for the post of senior manager of security management. Mkhwebane sat on the interviewing panel and arranged for an SSA member to join her. Tyelela said the SSA representative was introduced because the post related to security.
ANC MP Bheki Nkosi said: “Will I be correct, you were, in brackets, a ‘branch’ of the SSA since the public protector arrived?” Tyelela replied: “The SSA was involved in certain instances, so I’m not sure about [being] their branch.”
Chair Qubudile Dyantyi asked what the features of a “securitised” institution were. Tyelela said Mkhwebane’s introduction of the senior management post for security and her use of SSA vetting staff were examples of the office having become “securitised” when she took over.
“The security function was elevated because it was not a separate unit before, and then after [Mkhwebane] it became a separate unit with a senior manager,” said Tyelela.
In his written statement, Tyelela described labour disputes, including those that went to court, which incurred costs for the office. “In some matters some reference is made to workload, undue pressure from managers and working conditions,” he wrote.
He said Mkhwebane changed the office structure to beef up her private office and establish arms for security and legal services.
Tyelela said in 2021 the CEO told him Mkhwebane ordered staff barred from taking annual leave until report backlogs were resolved. Consequently, applications for unredeemed leave payouts were pending.
He recorded that Mkhwebane recently revived a wellness plan to help employees with challenges such as stress, depression and loss.
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