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The disciplinary hearing of suspended Secretary to Parliament Gengezi Mgidlana is being dragged out because he has threatened to reveal damaging information about senior leaders of the institution.
This is according to DA chief whip John Steenhuisen.
City Press has established that the disciplinary hearing has stalled, allegedly because Parliament’s political heads – National Assembly Speaker Baleka Mbete and chairperson of the National Council of Provinces Thandi Modise – had withdrawn from the hearing.
The presiding officers have denied this.
The hearing, which has sat several times, has allegedly cost taxpayers millions of rands.
Mgidlana was suspended with full pay in June 2017 in the wake of a series of allegations levelled against him by the National Education, Health and Allied Workers’ Union (Nehawu).
Firstly, Mgidlana asked to be placed on five months’ special leave while allegations against him were investigated.
This was followed by Mbete and Modise’s decision to place him on precautionary suspension in November. They then instituted the disciplinary proceedings.
The audit committee, comprising external individuals, probed Mgidlana’s alleged receipt of an ex gratia payment of R71 000 three months after he joined Parliament, the improper allocation of a study bursary, improper travel management, the irregular procurement of services and being absent from work.
Steenhuisen said he had raised the issue of Mgidlana’s disciplinary hearing in the last two debates on Parliament’s budget vote, and repeatedly at oversight meetings regarding the Financial Management of Parliament and Provincial Legislatures Act (FMPPLA).
“Yet this issue remains under a shroud of massive secrecy for over a year and a half,” said Steenhuisen.
“I have, however, asked that the acting secretary provides the FMPPLA oversight committee with an update in order for us to close off our legacy report next week.”
He said the DA was worried that the fifth Parliament would be dissolved without concluding Mgidlana’s hearing.
“It has always been a major concern, especially that it has taken over a year. And we are still no closer to finality, while Mgidlana has sat at home on full pay, earning millions of rands of public money while doing nothing.
“It is still my view that Mgidlana will be going with a golden parachute and a soft landing at another government position. This is precisely because he has threatened to reveal damaging information on the senior leadership of Parliament.
“It is my information that this is the reason the issue is being dragged out until this Parliament rises.”
A source in Parliament claimed that Mbete and Modise were not cooperating with the disciplinary committee.
“They are unhappy about the process. They do not want to be cross-examined by Mgidlana. They believe they were misled,” the source said.
Sthembiso Tembe, Nehawu’s chairperson in Parliament, confirmed that the hearing had been postponed several times.
“We were hoping that by this time, the issue of Mgidlana would have been resolved. We heard that there were some delays in the disciplinary hearing. I think there were lots of postponements. At this stage, no one has written to us formally to inform us where the processes are,” he said.
Tembe said Parliament may have spent more than R1 million on legal fees for the hearing.
“The law firm that Parliament employed is a reputable law firm, which I am sure does not come cheap. Even though we do not have figures, I am sure it could be more than R1 million.”
However, Tembe accused Mgidlana of deliberately delaying the hearing to ensure that he continued to draw a salary until his contract came to an end in November – adding that he continues to draw a salary every month for doing “nothing”.
The delay in resolving Mgidlana’s case means that the fifth Parliament has been dissolved without completing some of its work.
Nehawu warned that the union would embark on a protest if Mgidlana was brought back. “We don’t want him back. They are aware and he is aware.”
Parliamentary spokesperson Moloto Mothapo said on Friday that Parliament was mindful that the process had taken longer than anticipated.
“However, it is not uncommon for processes of this magnitude, in which thoroughness and fairness are mandatory, in line with the applicable laws. We can confirm that the disciplinary process of the suspended Secretary to Parliament is continuing.”
However, Mothapo said, Parliament would not be issuing a running commentary on the ongoing process, in line with the principles of natural justice and procedural fairness.
Mothapo described claims that Modise had failed to appear before the hearing as “outrageous and undeserving of the dignity of a response”.
“The presiding officers of Parliament remain firmly committed to ensuring that the process is concluded without delay, and have assisted the inquiry whenever called to do so, including giving evidence,” Mothapo said.
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