The conduct of a Limpopo school teacher who also worked as a part-time councillor without getting permission from the provincial department of education constitutes improper conduct.
This is a finding contained in a recent report by acting public protector Adv Kholeka Gcaleka.
Thomas Hlungwavukosi Mushwana who retired as a teacher in December 2022 worked at Matimu high school and as a ward 24 councillor at the Greater Tzaneen local municipality from September 2015 until October 2021.
In terms of the law, Mushwana was not allowed to receive more than one salary in public service.
“Mr Mushwana received remuneration from the municipality in contravention of section 33(1)(b) of the EEA and such remuneration stands to be recovered,” said Gcaleka in the report released on Friday.
She said evidence obtained during the investigation confirmed that Mushwana was elected as a municipal councillor and performed remunerative work while he was employed by the department.
Gcaleka found that the allegations against Mushwana were substantiated.
“Though Mushwana made a declaration of interest to the municipality about his employment as an educator, he failed to inform the department and seek prior approval to work as a councillor as required,” she said in her report.
“The conduct of Mushwana in serving as a councillor while employed by the department as an educator, without prior authorisation from the department amounted to improper conduct.”
According to the report, the evidence indicated that the department took disciplinary action against Mushwana, and the sanction imposed was three months without pay.
But Mushwana retired before the outcome of his appeal against the sanction could be finalised.
Gcaleka also found that the Limpopo department of education failed to follow the department of public service and administration (DPSA) guidelines to regulate the participation of its employees in municipal elections and their election to municipal councils.
She said DPSA issued a circular minute on October 7 2005, which stated that all staff should be informed of the provisions and conditions that regulated their participation and election to municipal councils.
But the department was not even aware that Mushwana was serving as a part-time councillor while he was working as a teacher.
The department only became aware during the public protector’s investigation.
“This is an indication of the department’s failure to put control measures in place to detect misconduct as recommended by the DPSA Circular Minute of October 2005 and the PSC Report of August 2007. The failure on the part of the department to detect and manage non-compliance with section 33(1)(b) of the EEA was as a result of the absence of internal control measures in the department,” Gcaleka said.
She said there were other educators who were holding ward councillor positions but were not included on the list received from the department on May 4.
“Accordingly, the conduct of the department in failing to follow the department of public service and administration guidelines to regulate the participation of its employees in municipal elections and their subsequent election to municipal councils, was improper.”
In her remedial action, Gcaleka ordered the head of the department to “conduct a full audit in respect of all educators who may be serving as municipal councillors to ascertain whether they have obtained the required permission”.
She said if it was found that there were other teachers who were or are in contravention of a section of the employment of educators act, then the department should design a detailed project plan on how it plans to correct such deficiencies and/or consider the recovery of remuneration received by such teachers.
chabalalaj@sowetan.co.za
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