A Tshwane senior manager who was not shortlisted for the chief of emergency services position was awarded two months salary compensation after the city was found guilty of unfair labour practice.
Dr Solomon Khale, the director of emergency services, was not shortlisted when the post was advertised in 2023 despite having acted in the position and meeting the appointment requirements.
In arbitration, the Local Government Bargaining Council in December ordered that he be compensated with two months salary, to be paid out by the end of January.
Though Tshwane has not appealed, it has not paid Khale the money, amounting to about R250,000.
Tshwane spokesperson Selby Bokaba said: “The commissioner incorrectly remarked that the incumbent [Mosia] does have the requisite qualifications for the job, when in actual fact, he is in possession of the Advanced University Diploma in Disaster Management, which is equivalent to NQF Level 8 (Honours).”
Bokaba, however did not indicate why Tshwane has not made the payment to Khale by January 31.
The Independent Municipal and Allied Trade Union (Imatu) hauled Tshwane to the bargaining council, demanding that Khale be promoted and compensated for suffering an unfair labour practice.
Khale, who holds a bachelor of technology degree in fire technology, a master of technology degree in organisational leadership and a doctor of technology in business administration, refused to comment on the matter this week.
The 16-page award, dated December 11, which the Sunday Times has seen, written by panellist Mmamahlola Rabyanyana, says Mosia's “qualifications do not constitute study fields related to” the chief of emergency services position.
“[Mosia's] bachelor's degrees are not related to fire technology which is required for the functionary and competency of the position. Similarly, if a diploma was a requirement, the advert should have been specific,” Rabyanyana stated in the award.
She also found that another shortlisted candidate, a P Chetty, who holds a master's degree in business administration, also did not have qualifications related to the position.
Mosia holds a bachelor of administration, an advanced university diploma in disaster management, a graduate diploma in fire technology and an associate diploma in fire technology.
The advert stated that it wanted candidates with “a bachelor's degree in fire technology, or any other study field related to the position”.
It also stated that registration with a relevant professional body would be an added advantage and required 12 year's experience in emergency services and/or fire brigade services.
“[Tshwane's] failure to shortlist [Khale] for the only reason that he did not meet the added advantage, constitutes an unfair labour practice,” wrote Rabyanyana.
Tshwane had argued that Khale was not shortlisted for the post due to not indicating in his application that he was registered with the industry regulatory body, the South African Emergency Services Institute.
Asked about the council's finding that Mosia's qualifications did not constitute study fields related to the position, Bokaba said: “Mr Mosia has the relevant qualifications for the position.”
He said Mosia's appointment met the “requirements for all senior manager positions prescribed by the regulations for the appointment conditions for senior managers of 2014”.
Three years ago, then Tshwane Emergency Services chief Previn Govender resigned amid disciplinary proceedings after he was found to have misrepresented his qualifications,
In 2019, Govender was placed on special leave after a report recommended that his contract be terminated for lying about his qualifications.
The story has been updated to reflect Tshwane's revised comment.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.