Dismissed SIU official re-employed with R2 million back-pay
The credibility we are so desperately looking for in the Justice Cluster has suffered yet another setback.
Amid the chaos that has characterised the Special Investigating Unit (SIU) since Willie Hofmeyr was removed by the President as the head late last year, comes the revelation that acting head, Adv Nomvula Mokhatla, has, according to our information, reinstated Mizeria Nyathi, the previous Head of Business Support. Ms Nyathi, who was dismissed from the SIU last year after she challenged the SIU's right to dismiss her in the Labour Court, and lost, was apparently reinstated with effect from 1 June 2012 (see earlier Mail & Guardian report).
It is clear from the judgment in the Labour Court (Case Number J1334/11), that Ms Nyathi was suspended amid allegations of misconduct on her part, namely "conflict of interest, breach of fiduciary duty and disclosure of the SIU's confidential or privileged information and irregular claims for special allowances".
She then refused to undergo a polygraph test, which was a material term of her contract of employment. As a result, she was dismissed.
In addition, we believe that she has also received back pay and a performance bonus for the period she was not working as a result of her dismissal, in the region of R2 million. This clearly would constitute wasteful expenditure, and probably financial mismanagement, in terms of the Public Finance Management Act.
How is it possible that a staff member of an organisation dealing with highly sensitive corruption cases, who was dismissed for alleged offences relating to her honesty and integrity, can be re-employed? How is it possible that, in addition, she is paid for her misdeeds, and for the period she was not employed?
The Democratic Alliance (DA) will be submitting detailed parliamentary questions to further interrogate this matter, and will be reporting the payment allegedly made to Ms Nyathi, to the Auditor General for investigation.
The current government continues to make a mockery of the justice system and the fight against corruption. In so doing, they are depriving the country of the credibility needed for investment and job creation, and wasting billions that could be used for service delivery to the poor.
Statement issued by Debbie Schafer MP, DA Shadow Deputy Minister of Justice and Constitutional Development, June 7 2012
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