The Portfolio Committee on Communications has reached a consensus that the Department's Director-General (DG), Ms Rosey Sekese misled it (the Committee) regarding the signing of her performance agreement for the 2012/13 financial year.
The Committee reached the decision after seeking legal advice from Parliament's legal counsel. Last month, the DG told the Committee that she had a performance agreement for 2012/13 and repeated her assertion in the Committee meeting. During deliberations, Committee members requested evidence to be provided as proof of the signed performance agreement for 2012/13.
Two documents were provided and circulated among Committee members. Upon studying the two contracts, Chairperson of the Committee, Mr Sikhumbuzo Kholwane said, "these are two unidentical documents which don't have signatures of both parties. Therefore, they do not constitute a performance agreement". According to legal counsel, there was no contract between the DG and minister. The DG is said to have had prior knowledge that her contract had not been finalised based on the letter that she (Ms Sekese) had written to the Minister to follow up on the finalisation of her performance agreement for 2012/13.
The Committee acted on the recommendation provided by legal counsel to refer the matter back to the Minister to deal with and act upon as a result of a possible transgression and accordingly the Minister will report to the Committee on her cause of action.