MEDIA STATEMENT ON THE MATTER REGARDING THE DIRECTOR-GENERAL OF THE DEPARTMENT OF BASIC EDUCATION: MR P B SOOBRAYAN

The Minister of Basic Education Angie Motshekga received a letter from the Public Service Commission ("PSC") dated 6 May 2013 concerning the Director-General of the Department of Basic Education. 

In the letter two issues, pertinent for purposes of this letter, were raised, namely:

1. That the Director-General signed a Collective Agreement on behalf of the Department of Basic Education without a proper mandate and in violation of the provisions of the Public Finance Management Act, 1 of 1999 ("the PFMA"); and

2. The possible misuse of Education Labour Relations Council ("ELRC") funds during April 2012.

Upon receipt of the letter the Minister sought, through the offices of the State Attorney, Pretoria, the advice of senior counsel in the matter. Chapter 7 of the Public Service Handbook found application for purposes of any disciplinary hearing of the Director-General.

In accordance to the provisions of Chapter 7 of the Public Service Handbook the allegations made against the Director-General were reduced to writing in a letter, directed by the Minister to the Director-General, in which letter Director-General was also warned that any response given and information furnished may be used against him when deciding what further steps may be taken.

The Director-General furnished the Minister with a comprehensive response to the allegations levelled against him, and various annexures were annexed thereto.

After perusing the response of the Director-General the Minister was of the view that a disciplinary hearing should be held in regards to the allegations made against the Director-General.   For purposes thereof the Minister again consulted with the senior counsel who had been retained by the State Attorney on her behalf. The Minister's view was supported by Senior Counsel and given the sensitivity of the matter she decided not to preside or chair the disciplinary hearing.  For purposes thereof the retired Deputy Judge President of the Gauteng Division of the High Court, Judge Willem van der Merwe was requested to chair the disciplinary hearing.

A counsel from the Pretoria Bar was appointed as pro-forma prosecutor, charges were formulated and the disciplinary hearing was held.

For purposes of the disciplinary hearing the prosecutor also consulted with attorneys retained by the South African Democratic Teachers Union ("SADTU"), because they previously directed correspondence not only to the Minister, but also to Judge Van der Merwe.  SADTU made a witness, Mr J Moshakga, available to the prosecutor, and Mr Moshakga also gave evidence during the disciplinary hearing.

The disciplinary hearing was held from 2 to 4 December 2013 and was chaired by Judge Van der Merwe.  Upon the request of attorneys MPI, representing SADTU, the said attorneys were allowed to observe the proceedings before Judge Van der Merwe, however they were not allowed to participate therein, nor to make the information that came into their possession available to any outside party, including SADTU or any member of the press.

After the evidence was concluded and arguments received by Judge Van der Merwe, Judgment was reserved.

On 18 December 2013 the Minister received a letter with the written findings and reasons therefore by Judge Van der Merwe. 

For ease of reference the written ruling and reasons therefor, consisting of 26 pages are annexed hereunto as annexure "A". As is evident from the conclusion reached by Judge Van der Merwe the Director-General was acquitted and found not guilty on both charges. It is also apposite to mention that the Director-General was placed on special leave pending finalisation of the disciplinary hearing from 14 August 2013.

The process undertaken was a fair and proper process which is also evident from the following: The person who chaired the disciplinary hearing is a highly respected retired Judge who is beyond reproach; The allegations against the Director-General emanated from SADTU and they were properly consulted by the prosecutor and their attorneys allowed to attend the disciplinary hearing;

The Director-General was represented by a competent attorney specialising in labour matters; In order to oversee the process and to ensure the smooth running thereof the Minister retained the services of senior counsel. Counsel was instructed to ensure that the process properly complies with all rules of natural justice as well as the provisions of Chapter 7 of the Public Service Handbook;

No complaint was received after the finalisation of the disciplinary hearing, either from SADTU, the PSC or the Director-General, that the process was not a fair and proper process. Should there be anything that needs to be cleared up regarding the content hereof the Minister will, as always, humbly oblige.

We have noted calls for a strike by SADTU but we believe these calls are premature and baseless. The Minister will immediately dispatch a high level team led by our Deputy Minister to meet with SADTU. The Minister has also received a letter from SADTU requesting a meeting. The Minister is considering the request favourably.

Statement issued by the Department of Basic Education, February 18 2014

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