GEORGE NEWS - The Public Protector has made findings about allegations of improper conduct and maladministration by the George Municipality relating to the appointment of the Manager: Sewer Network in March 2017.
The report relates to an investigation into a complaint that was lodged by Rayno van Rooi in March 2017. In the report, dated 28/10/2019 and of which a copy is the possession of the George Herald, the public protector states amongst others that George Mayor, Melvin Naik, must take appropriate steps in respect of disciplinary action against Municipal Manager Trevor Botha and other officials in the appointment of Randal van Staden as Manager: Sewer Network in March 2017.
The report states that the mayor must also conduct an analysis and evaluation of Van Staden's qualifications, experience and competence against the requirements and job description for the position of Manager: Sewer Networks that he currently occupies.
That should take place within thirty (30) business days from the date of the report.
The mayor must also submit a report to the municipal council within thirty (30) business days of the report for a decision of the matter.
Van Rooi and Van Staden both applied for the position in August 2016 and they were interviewed early in 2017. One of the main requirements for the position, as stated in the advertisement, was registration with the Engineering Council of South Africa as a professional engineering technician.
According to the report, Van Rooi was registered with the Engineering Council of South Africa as a professional engineering technician at the time when he applied for the position whereas Van Staden was a candidate engineering technician.
Van Staden was only registered as a professional engineering technician after his appointment, also in March 2017, and is still registered as such.
A registered professional engineering technician, as stipulated in the advertisement, would be able to deal with well-defined problems, whereas a candidate engineering technician may only undertake engineering tasks under the direction, control and supervision of a registered professional engineer.
The public protector writes that the evidence obtained during the investigation was considered and findings were made.
They include:
• The allegation that the appointment of Van Staden was unfair and not in accordance with the relevant legislation and prescripts regulating the recruitment and selection of staff of the municipality, is substantiated; and
• The appointment of Van Staden was made in violation of section 55(1) of the Local Government: Municipal Systems Amendment Act 2003 (Municipal Systems Act) and the recruitment and selection policy of the municipality.
Complainant welcomes report
Asked for comment, Van Rooi told the George Herald on Wednesday 18 December that he welcomes the report and acknowledges the good work the Public Protector's George office has done in bringing resolution to the complaint.
"I sincerely hope as a ratepayer that this will promote the following of due process in the public sector appointments. The initial decision had a tremendous detrimental effect on my personal life and I have suffered hardship which I do not want to detail here.
"I was the highest scoring applicant that met all the criteria and therefore I suffered prejudice. I am a born Georgian, have the necessary skills and experience but was denied an opportunity to contribute to my city that I have vested interest in."
Regarding the future he said, "I am consulting with attorneys to determine the appropriate legal recourse available to me, if any."
Municipal comment
Botha, when asked for comment, said that the matter has been referred to the municipality's lawyers. The municipality declined to comment further at this stage.
George Herald requested comment from Van Staden through the municipality's communications office, but Botha said the municipal policy protects employees from commenting on matters in the legal domain.
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