The Democratic Alliance (DA) will lodge a complaint with the Public Protector against the Minister of Social Development, Nokuzola Tolashe, for suspected breaches of the Executive Members' Ethics Act 82 of 1998 and the Executive Ethics Code.
This follows serious allegations that the Minister failed to follow legal prescripts and defied the President in initiating disciplinary steps against the former Director-General (DG), Peter Netshipale, and in the process to appoint a new DG.
In terms of the Public Service Act, 1994, the President is responsible for the career incidents of Director-Generals, including appointment, suspension and disciplinary proceedings. For a Minister to act on behalf of the President, a clear delegation must be granted. According to reports, this did not occur.
It has been reported that President Cyril Ramaphosa wrote to the Minister noting violations of the Public Service Act in both the disciplinary action taken against the former DG and the advertisement of the post for a new DG. The President allegedly demanded that the job advertisement be withdrawn.
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The subsequent withdrawal of the DG advertisement and the appointment of an acting DG point to a clear failure by the Minister to follow due legal process.
These developments must also be viewed alongside a previous ethics complaint lodged by the DA. The Minister was accused of allegedly issuing a misleading reply to a parliamentary question and submitting a misleading report to the portfolio committee on social development regarding Netshipale's appointment. We have concluded that Parliament had been misled on two separate occasions. This matter remains before the Ethics Committee.
Further concerns arise from conflicting explanations provided by the Minister regarding the terms of Netshipale's contract, as well as reports that the authenticity of a related contract letter is under investigation.
In addition, allegations have surfaced that the Minister failed to declare the donation of two vehicles in 2023 and may have misrepresented the nature of these donations.
Taken together, these issues point to a pattern of conduct that raises serious questions about the Minister's fitness to hold office.
The DA will also be writing to the Portfolio Committee Chair to summon the Minister to account for all the alleged scandals. There is too much controversy surrounding the minister and she must explain.
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We must summon the Minister because it is Parliament's responsibility to hold the executive accountable.
South Africans deserve a Department of Social Development that is properly led and focused on serving the people.
