Almost three years later, maritime boss still suspended on full pay

The COO of South Africa’s maritime regulator is still earning his full salary of almost R3m, two years and four months after he was suspended.

Sobantu Tilayi was removed from the board of the South African Maritime Safety Authority (Samsa) in April 2021 with two other senior officials. His disciplinary hearing has yet to be concluded despite finalisation of a forensic report into the allegations against them in April last year.

The officials suspended with Tilayi are also still involved in a protracted legal dispute. Both have salaries in excess of R2m, according to Samsa's latest annual report.

Tilayi and Samsa this week both confirmed the ongoing suspension, though Samsa declined to specify how much it had cost. Tilayi confirmed his salary figure and expressed dismay at the wasteful expenditure — both the salary and the legal fees involved in his case.

Tilayi was suspended pending investigation into claims of irregular dealings in the lucrative offshore bunkering sector. This followed a whistle-blower report submitted by civil society group Disabled People South Africa. 

He has consistently denied wrongdoing and says the charges against him were manufactured by political rivals. This week he said the lengthy suspension has wreaked havoc on his personal life. Prior to his appointment as COO, he served for years as acting CEO.

“I would not wish what I went through on my worst enemy,” Tilayi told the Sunday Times this week from his home in the Eastern Cape. He said the process had cost him his marriage and his mental health, and at one stage saw him admitted to hospital. “I have sicknesses that I don’t know I will recover from, from the stress, I was told.”

A new board was announced by the cabinet on August 30 and this gives me hope that we will have some sanity back in the organisation.

—  COO of South Africa’s maritime regulator, Sobantu Tilayi

However, Samsa insisted the lengthy delay was “to ensure that fair processes are followed through in line with Samsa policies and labour legislation”.

The regulator said operations had not been affected despite ongoing legal processes involving all three officials. “Human resources policies have been applied to mitigate the impact on operations,” Samsa said.

The vacated posts have yet to be filled.

On the issue of costs, Samsa said: “All costs incurred are in line with relevant regulation and required to finalise the labour processes.”

Samsa's latest annual report for 2021/22 suggests the suspensions have added to the regulator’s legal bills. “Legal fees were R4.3m higher than budget. The budget for legal fees is an estimate based on historic costs. The current year legal requirements were higher than the past,” the report says.

According to the annual report, Tilayi’s salary package was R3.2m in 2021, inclusive of a R38,000 cellphone allowance and R60,000 travel allowance. It decreased slightly to R2.8m in 2022.

Suspended Samsa company secretary Lolo Raphadu this week confirmed his matter is still before the Commission for Conciliation, Mediation and Arbitration.

“A new [Samsa] board will be starting soon. We'll see how things unfold,” Raphadu told the Sunday Times. According to Samsa's annual report, Raphadu’s annual salary package is R2.4m.

The third official, former head of human capital Lesego Mashishi, could not be reached for comment. 

Last year’s forensic report paints a bleak picture of dysfunction within Samsa, much of it related to negotiations around offshore bunkering, a new and potentially lucrative sector within the maritime economy. The report recommended Samsa obtain legal opinion regarding multiple instances of seemingly irregular meddling in offshore bunkering affairs.

Tilayi this week reiterated his view that the suspensions were aimed at destabilising Samsa to serve political and commercial interests. He said the disciplinary process to date had cleared him of allegations contained in the forensic report. 

“A new board was announced by the cabinet on August 30 and this gives me hope that we will have some sanity back in the organisation,” Tilayi said.

A well-placed industry source said government delays were retarding the development of the offshore bunkering sector to the point where customers were looking for services elsewhere.