PoliticsPREMIUM

Sacked official vows to take social development minister to court

Fired DSD official Zanele Simmons says she’s being scapegoated in a CV scandal involving minister Sisisi Tolashe’s young aide

Department of social development chief of staff Zanele Simmons has been fired and is taking minister Sisisi Tolashe to court, saying her dismissal over a fake CV was illegal and politically motivated. (Z Simmons)

Zanele Simmons, the former chief of staff at the department of social development (DSD), was fired on Friday after allegations that she falsified the CV of a 22-year-old woman who replaced her in the senior post.

Simmons was placed on precautionary suspension on September 29, along with young Lesedi Mabiletja, who had been named as the department’s new chief of staff, after questions arose about the latter’s appointment at the beginning of September.

Mabiletja is reportedly the niece of Ngwako Kgatla, special adviser to social development minister Sisisi Tolashe.

Simmons had been seconded to the National Development Agency (NDA) — an entity of social development — on August 25. The reason for the secondment was not conveyed to her.

Mabiletja’s CV had been sent by her uncle, Kgatla, to Simmons, who forwarded it to HR. Simmons has no relationship with Mabiletja beyond that of being a colleague.

Mabiletja, who was born in 2002, has a diploma in information technology from the Rosebank College in Polokwane. She listed one year’s experience as “Manager Sales and Marketing” for the college, during which she distributed promotional materials providing information about the college. She also listed voluntary work experience in the office of the deputy minister in the Presidency responsible for women, youth and people with disabilities, Hlengiwe Mkhize, for three years and nine months.

The allegations of dishonesty and misrepresentation against the chief of staff and the personal assistant are too serious to ignore … The investigation will get to the bottom of issues that have been dominating front-page media reports

—  Peter Netshipale, social development director-general

In September she was appointed to the senior government post at a salary level of about R1.4m a year, with virtually no professional experience in the government sector.

Internal documents show that Mabiletja’s appointment did not comply with public service regulations, which require a minimum NQF level 7 qualification and at least five years’ experience. A memo at the time warned the acting DG that proceeding with the appointment could invite audit findings and reputational damage for non-compliance — but the appointment went ahead.

On September 29 Simmons was summoned to HR for a discussion on her NDA role, and was placed on suspension at the meeting. Simultaneously Mabiletja was quietly removed from her high-level post and appointed as Tolashe’s personal assistant — another senior position for which she is not qualified.

In a statement on Tuesday, the department said Simmons and Mabiletja were provisionally suspended on full pay.

“The allegations of dishonesty and misrepresentation against the chief of staff and the personal assistant are too serious to ignore … The investigation will get to the bottom of issues that have been dominating front-page media reports,” social development director-general Peter Netshipale said.

The reasons given to Simmons for her suspension were that she had used the minister’s electronic signature without authorisation, and that she had “falsified a CV for ministerial staff”.

Three days later, Simmons — who was preparing to defend herself — received an e-mail titled “Termination of Employment Due to Incompatibility”.

“Please be informed that the department has taken a decision to terminate your services due [to a] breakdown in the trust relationship, and a continued employment relationship will not be possible,” the message said.

Late on Friday, her lawyers served Tolashe and Netshipale with a demand that they retract her termination letter “on or before 10am on Monday October 6”.

They argue her sudden dismissal was unprocedural, unfair and failed to offer her any right of reply.

PC Khoza Attorneys said should Tolashe and Netshipale fail to withdraw the termination and precautionary suspension, they would approach the Labour Court on an urgent basis

“The view that our client holds, that she is being made a scapegoat, is now justified, as your conduct evidently indicates that you are trying by all means to circumvent the disciplinary hearing where our client is going to place her version,” the letter of demand states.

Contacted for comment, Simmons said she would speak only through her lawyer.

PC Khoza Attorneys said should Tolashe and Netshipale fail to withdraw the termination and precautionary suspension, they would approach the Labour Court on an urgent basis. They would also ask that costs be paid by Tolashe and Netshipale personally, “as taxpayers cannot be made to pay for legal fees when you are clearly aware that your conduct is not in line with the laws of the republic”.

DSD’s acting communications head Sandy Godlwana confirmed to the Sunday Times that Simmons had been notified of her termination on Friday, and they had received legal correspondence from her.

“We are now consulting with our lawyers on how to respond and will not be speaking to the media before we have drafted our own written response,” she said, adding that the department did not communicate via the media.

In August the Sunday Times reported “South Africa’s top social worker” Sizakele Magangoe and several other DSD officials went on a spending spree in New York.

Magangoe was part of a large delegation from South Africa — reportedly to have numbered 82 in total — that attended the 69th session of the UN Commission on the Status of Women. It took place from March 11 to 22, though some of the South African contingent arrived in New York five days earlier, on March 6.

DSD confirmed it had spent more than R3m on the trip.

Shortly after the story broke in the Sunday Times, the department suspended spokesperson Lumka Oliphant for alleged mismanagement. However Oliphant claimed she was being punished for allegedly being the leak behind the spending spree.


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