Misconduct Findings Regarding Head of Department

The Premier has received the findings of the disciplinary inquiry that was instituted into allegations of serious misconduct by the Head of the Provincial Department of Transport and Public Works, Mr Thami Manyathi.

I have seen the findings. Mr Manyathi has been acquitted on all the charges.

While, I bear no personal animosity towards Mr Manyathi, I have great difficulty accepting the correctness of the findings, especially those related to the two most serious charges, namely that Mr Manyathi did not conduct an objective needs assessment before procuring the services of Games Transportation Systems Services and failed to comply with the requirements for a valid bid in the procurement of the services. My reading of the conclusions that were reached, is that Mr Manyathi was found, with the supposed benefit of hindsight, to have made certain bona fide mistakes that did not amount to misconduct.

These purportedly bona fide mistakes have cost my Department tens of millions of rands in expenditure on consultants - funds that would have been much better spent on improving our public transport infrastructure.

I have the firm belief that had the correct and legally mandated procedures been followed in the procurement of the consultants concerned, the supposed mistakes would not have occurred. Accordingly, I do not accept that no culpability for those costly mistakes attaches to the Head of the Department.

I have therefore instructed my legal team to advise me on the possibility of instituting an application for the review of the findings of the disciplinary inquiry. I think it important that formal standards be set and enforced for the levels of performance that the tax-paying public may reasonably expect from heads of government departments. If that is not done, other officials cannot be expected to do their work meticulously and efficiently. I am simply not prepared to accept such a scenario.

Mr Manyathi's term of employment expires on 30 April 2010. The Premier has notified him that he will not be required to return to office to serve out the remainder of his term and that he is free to seek other employment with immediate effect.

I am determined to eradicate bad practices and inefficiencies from the Department of Transport and Public Works that characterised the term of office of my predecessors. This process is already well under way.

Statement by:
Robin Carlisle
Minister of Transport and Public Works