President Cyril Ramaphosa has delegated to Higher Education and Training Minister Naledi Pandor, the power to initiate disciplinary action against National Treasury Director-General Dondo Mogajane.
“The President has also in terms of Section 42A(3)(a) of the Public Service Act – read with other provisions – delegated to the Higher Education and Training Minister Naledi Pandor, the power to initiate disciplinary action against Mr Mogojane,” said the Presidency in a statement on Monday.
|National Treasury Director-General Dondo Mogajane.
Section 42A(3)(a) of the Public Service Act enables the President to delegate to any Minister any power conferred on the President, including the power to initiate disciplinary action against a Director-General as well as to effect the outcome thereof.
While Pandor is tasked with initiating the disciplinary action, the President has delegated the authority to implement the outcome of the disciplinary hearing to Finance Minister Tito Mboweni.
“The President is of the view that the current Minister of Finance, who is required to take ownership of decisions made by his predecessor, may be conflicted in this situation and it would therefore not be appropriate to delegate the power to institute disciplinary actions against Mr Mogajane to the current Minister,” said the Presidency in a statement.
The President’s remedial action follows a report titled “Report on the Investigation of Improper Conduct Regarding Mr Dondo Mogajane’s Application for the position of Director-General at National Treasury and his subsequent appointment to the same position by the National Treasury by the Public Protector”.
Mogajane was employed as the Director-General of National Treasury, with effect from 8 June 2017, on a fixed-term contract of five years.
The report, which was issued on 18 December 2018, found that Mogajane failed to disclose a criminal record on the Z83 application form he completed for the position of Director-General at the National Treasury.
In her report, the Public Protector said the failure to disclose this information constituted impropriety or dishonesty, and amounted to improper conduct.
The Public Protector recommended that, within 30 days of the report, the President should take appropriate action against Mogajane in terms of Section 16A of the Public Service Act for “blatantly and dishonestly” making false representation of material facts in his Z83 form.
President Ramaphosa also informed the Public Protector in writing that he has requested the Public Service and Administration Minister Ayanda Dlodlo to study the report on Mogajane and advise on the steps the department will take to address the specific issues raised by the Public Protector.
“President Ramaphosa has given the Public Protector an undertaking that the Office of the Public Protector will be updated as soon as the Ministers in question provide reports,” said the Presidency.