Finance and Economic Opportunities
(1) (a) What position does a certain person, whose name has been furnished to his Department for the purpose of his reply, hold in his Department and (b) what is the (i) level of the position and (ii) salary range;(2) whether the court case against this person for alleged sexual misconduct has been brought to his attention; if so, (a) what are the relevant details, (b) when was it brought to his attention and (c) why has this person not been suspended pending the outcome of court case?
- Cash Flow Analyst.
- (i) Salary level 9 and (ii) the salary ranges from R 382 245 to R 450 255.
(2) Yes
(a) I was informed that the Department had become aware of the matter and steps had been taken to determine the appropriate response by the Department. An investigation into misconduct charges against the official was requested by the then HOD. Further, the Department of Community Safety was requested to monitor the case via a court Watching Brief.
(b) I became aware of the matter after I assumed office as Minister of Finance and Economic Opportunities in 2019 and I have followed up regularly on progress in the matter since then.
(c) The Department was subsequently advised that it was constrained by the principle of legality, to act within the parameters of the law and public service prescripts.
To have suspended the official in these circumstances would have been unlawful since the Department would have acted outside of the relevant prescripts and case law. In addition, a suspension may have violated the official’s constitutional right to fair labour practice.
The charges have subsequently been provisionally withdrawn, but the case continues to be monitored via a court Watching Brief, at the request of Provincial Treasury.
