In the annals of political blunders, newly minted justice minister Mmamoloko Kubayi has penned a fresh chapter.
Just as she was about to exit her role as human settlements minister, she decided to play the hero — or perhaps the villain — by reinstating Thembelihle Mbatha, the suspended CFO of the Community Schemes Ombud Services, as reported by this newspaper’s sister publication, the Sunday Times at the weekend. The decision, executed clumsily at the last minute, has left many of us scratching our heads and questioning her motives.
Let’s set the scene: Mbatha was suspended for a security breach involving unauthorised individuals scouring her office for listening devices. The board, acting within its rights, decided to suspend her pending disciplinary action. Enter Kubayi who, in an 11th-hour act of bureaucratic gymnastics, reversed the suspension.
Her justification? In her own words: “My concern ... is that most of the time the government loses cases not because people are not guilty, but because procedures have not been followed. So what the board needed to do was to take a decision, send a letter to the minister requesting concurrence to suspend, and then notify the CFO that ‘we are placing you on suspension’.”
Sounds like what a responsible minister would do to maintain the trust of tens of thousands of sectional title schemes, retirement villages, and homeowners associations who pay more than R300m in levies to the regulator every year. Except it is not. The Community Schemes Ombud Services board acted within its rights regarding the suspension of Mbatha.
The Community Schemes Ombud Services Act does not require the minister to be consulted for a suspension, only for removal. The board’s decision to suspend Mbatha was within its legal authority, and the minister was outside her bounds of authority when she undermined the board’s authority.
What’s more, it would have been relatively straightforward for Kubayi to check the extent of her powers regarding CFO suspensions. A quick review of the Community Schemes Ombud Services Act could have clarified the procedural requirements and prevented this entire debacle. Aside from undermining the authority of the board,, Kubayi’s supposed ignorance of her powers has cast a shadow over her own credibility.
By intervening in such a heavy-handed manner, she has opened herself up to accusations of favouritism and interference. Why was it so crucial for her to have Mbatha reinstated immediately? What secrets are being protected under the guise of procedural correctness? Why was she averse to putting her instruction in writing to acting chief ombud Kedibone Phetla? These questions are far from trivial. They strike at the heart of the controversy surrounding Kubayi’s intervention.
In a country where governance and accountability are under scrutiny, Kubayi’s actions serve as a stark reminder of the perils of unchecked power. Her intervention, far from being a noble act of justice, reeks of ulterior motives and raises more questions than it answers.
As Kubayi settles into her new role, perhaps it’s time to reflect on the true meaning of justice and transparency. We deserve clarity and accountability, not bureaucratic gymnastics and opaque decision-making. Because in this saga, the only thing clear is the murkiness of her motives.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.