Special advisers: The gift to cadres that keeps on giving… at taxpayers’ expense

6 March 2022

Rules must be re-evaluated as Western Cape Premier receives green light to appoint disgraced matriculant career politician to high-earning position.

Because Premiers and members of the Executive are not necessarily experts in the fields over which they exercise control it makes sense for them to be able to appoint expert advisers.

In South Africa, our 28 Cabinet Ministers and nine Premiers are each entitled to appoint two advisers (up to four if the workload warrants it), while the President and Deputy President can appoint as many special advisers as they like.

That’s approximately 80 advisers, in all, at an estimated cost to the country of approximately R150 million per annum.

Some advisers are highly qualified and experienced, and acknowledged specialists in their professions. Others have fewer practical credentials, and are simply highly paid political cadres.

As a group, they generally fly under the radar; their identities and what they actually do is little known. We heard about some of them at the State Capture Commission. But although they cost the country a fair packet, it is impossible to hold them to account.

In February Western Cape Premier, Alan Winde, finally answered my parliamentary questions relating to his proposed appointment of serial liar Bonginkosi Madikizela as special adviser; and then last week it emerged, from the response to another of my parliamentary questions, that the Minister of Public Service and Administration, who by law has to approve such appointments, vetoed Winde’s proposal to pay Madikizela more than an MEC’s salary, but approved his appointment at a cost to the nation of R1.7m.

These developments, collectively, make a compelling case for the re-evaluation of the criteria on which special advisers are appointed.

According to Winde, Madikizela is a man of proven integrity with the requisite knowledge and expertise, as a former MEC, to advise him on economic and mobility issues.

Madikizela resigned as an MEC last year after being exposed as a liar for falsely claiming he had a university degree. In fact, he has the same level as qualification as the Premier: Matriculation.

Just before his departure, in a separate matter, Madikizela was found by the Public Protector to have lied in the Western Cape Legislature, in breach of the code of ethics.

According to Winde, Madikizela promised to take the Public Protector’s finding on review but had the integrity to resign before being able to do so, which is why Winde was unable to implement the Public Protector’s (binding) remedial action.

With respect to Madikizela’s alleged “requisite knowledge and expertise”, one need look no further than the state of housing and public transport in the Western Cape and Cape Town – the two departments he commanded as MEC – to reach a balanced conclusion.

According to the reply of Minister of Public Service and Administration, Ayanda Dlodlo, Madikizela did not qualify for the nearly R2m salary Winde wanted to pay him, but did qualify to receive more than R1.7m.

She said, at that level, “the dispensation does not specify the level of skills that a special adviser should possess”.

From the Minister’s response, and reading the regulations, there appears to be no vetting process for special advisers besides a security clearance. Certainly, no requirement to appoint people of integrity or proven expertise.

Winde claims to lead a government of integrity, and President Ramaphosa claims to lead a government in the process of renewing its integrity.

Appointing special advisers of the like of Bonginkosi Madikizela betrays a lack of integrity at both the provincial and national levels of government.

There is a critical need to reconsider the rules governing the appointment of special advisers such that they strengthen the hands of members of the executive and provide citizens with bang for their buck.

Issued by Brett Herron, Secretary-General & Member of Parliament, GOOD, 6 April 2022

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MINISTRY: PUBLIC SERVICE AND ADMINISTRATION REPUBLIC OF SOUTH AFRICA NATIONAL ASSEMBLY QUESTION FOR WRITTEN REPLY

25 February 2022

QUESTION NO.: 415.

Mr B N Herron (Good) to ask the Minister of Public Service and Administration:

Whether she has received the Premier of the Western Cape’s motivation for the appointment of Mr B S Madikizela at Level IV (details furnished), despite Mr Madikizela having admitted to claiming a degree he does not have; if not, why not; if so, what are the relevant details;

whether she has found that Mr Madikizela is recognised as a competent expert at (a) national and (b) international level; if not, what is the position in this regard; if so, how is Mr Madikizela recognised as a competent expert at (i) national and (ii) international level;

whether she has found that Mr Madikizela has very high level skills and/or scarce skills; if not, what is the position in this regard; if so, in what respects are Mr Madikizela’s skills high level and/or scarce;

whether skill level includes consideration of educational and/or professional qualifications; if not, what is the position in this regard; if so, how does Mr Madikizela qualify for Level IV remuneration;

(a) what does Mr Madikizela’s curriculum vitae disclose as his highest

educational qualification and (b) on what date was it obtained?  NW479E

REPLY:

1. Yes. The Minister for the Public Service and Administration received a request for approval of compensation level IV on the appointment of Mr. Madikizela as Special Adviser for the Premier of the Western Cape. This is in compliance with paragraph 11 of the Dispensation for the Appointment and Remuneration of Special Advisers (“the Dispensation”) which provide that “Executive Authorities must submit proposals/recommendations for the appointment of individual Special Advisers to the Minister for the Public Service and Administration for approval of the individual’s compensation level before the appointment/upgrade is effected”. Upon assessment of the request from the Premier, the MPSA approved compensation level III for Mr. Madikizela as Special Adviser to the Premier of the Western Cape.

For purposes of determining which compensation level should apply, paragraph 24 of the Dispensation requires, among others, that the Executive Authority considers the particular individual’s level of expertise and the stature in the particular field before submitting a request to the Minister for the Public Service and Administration. For this purpose, paragraph 25 of the Dispensation provides the following guidelines:

Compensation level I:

The individual must enjoy noticeable national recognition as a competent
expert.

The complexity of advice to be rendered is comparable to that given by a
Director (Senior Management Service Grade A) in the Public Service.

Compensation Level II:

The individual must enjoy recognition as a competent expert at national
level.

The complexity of advice to be rendered is comparable to that given by a
Chief Director (Senior Management Service Grade B) in the Public Service.

Compensation level III:

The individual enjoys recognition as a competent expert at national and to
some degree international level.

The complexity of the advice to be given is comparable to that given by a
Deputy Director-General (Senior Management Service Grade C) in the Public Service.

Compensation level IV:

The individual enjoys recognition as a competent expert at national and
international level.

To appoint and retain persons with very high level skills and/or scarce skills.

The complexity of advice to be rendered is comparable to that given by a
Director-General (Senior Management Service Grade D) in the Public Service.

Based on the above, an assessment of Mr Madikizela’s CV indicated that he enjoys a sufficient degree of recognition as a competent expert at national and international level to justify the awarding of compensation level III.

The Dispensation does not specify the level of skills that a Special Adviser
should possess except in instances where compensation level IV is to be awarded. As indicated in paragraph 1 above, the Dispensation rather focuses on the degree of recognition as a competent expert that the individual enjoys as well as the complexity of the advice that he/she would render. It should also be noted that skills does not only relate to formal educational qualifications. It also includes skills and competencies gained through other means such as work experience. Based on his CV, Mr Madikizela is highly experienced at political and executive levels.

The Dispensation does not specify that a Special Adviser must possess any specific educational or professional qualifications for the awarding of any of the compensation levels.

According to the CV submitted by the Premier, Mr Madikizela is in possession of Matric (Standard 10/Grade 12), obtained in 1996.

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WESTERN CAPE PROVINCIAL LEGISLATURE FRIDAY, 28 January 2022

QUESTION FOR WRITTEN REPLY

1. Mr B N Herron to ask Mr A R Winde, Premier:

With regard to the Premier’s announcement that he intends to appoint a former Minister, whose name has been furnished to his Department for the purpose of his reply, as a Special Adviser:

(a) What functions, in terms of section 12 of the Public Service Act, 1994 (Act 103 of 1994), is this person qualified to perform and (b) how is he qualified to perform these functions;

whether, in considering the appointment of a Special Adviser, he considered that this person allegedly committed an offence in terms section 32(B)(3) of the National Qualifications Framework Amendment Act, 2019 (Act 12 of 2019), by falsely claiming a qualification or part qualification; if not, why not; if so, why did he proceed with the nomination or appointment of this person as a Special Adviser;

whether, in considering the appointment of a Special Adviser, he considered that this person had been found by the Public Protector to have breached the Executive Members’ Ethics Act, 1998 (Act 82 of 1998), and the Executive Ethics Code by misleading the Western Cape Provincial Parliament while he served in the Premier’s Cabinet; if not, why not; if so, why did he proceed with the nomination or appointment of this person as a Special Adviser;

whether the appointment of this person affects the Premier’s commitment to a “government of integrity” made at the beginning of his term of office; if not, why not; if so, how does the appointment support the commitment to a “government of integrity”;

(a) which compensation level did he motivate for, or appoint, this person, (b) what is the basis of the compensation level and (c) what is the compensation or proposed compensation to be paid to this person upon taking up office as a Special Adviser;

in terms of the “dispensation for the appointment and remuneration of persons (special advisers) appointed to executive authorities on ground of policy considerations in terms of section 12a of the Public Service Act, 1994”, (a) what was this person’s level of expertise and the stature in the particular field that he submitted to the Minister of Public Service and Administration and (b) what is the annual compensation?

Reply

(1)(a) and (b) This appointment is done in line with Section 12A of the Public Service Act, which states:

Appointment of persons on grounds of policy considerations (1) Subject to the provisions of this section, an executing authority may appoint one or more persons under a special contract, whether in a full-time or part-time capacity

to advise the executing authority on the exercise or performance of the executing authority’s powers and duties;

to advise the executing authority on the development of policy that will promote the relevant department’s objectives; or

to perform such other tasks as may be appropriate in respect of the exercise or performance of the executing authority’s powers and duties.

Guided by the above and considering the person’s extensive experience within critical delivery departments, I am comfortable that he is amply qualified for the appointment to provide strategic advisory and policy development capacity in my office in furthering the Western Cape Government’s broader citizen-orientated aims and outcomes.

I have been advised that the National Qualifications Framework Amendment Act, 2019 is not yet in operation and accordingly reference to same in respect of the matter at hand is misplaced.

I am aware of the content of the Public Protector Report relating to the person’s SOPA debate statements and subsequent answers to queries pertaining thereto by the Honourable Member Herron, who also laid the complaint in question. The remedial action in that matter was directed at my office and I complied with it by tabling the said report in the Provincial Parliament. I am also aware that the person in question indicated to me that he intended to apply to the High Court for the review and setting aside of that report on the basis that it was wrong in law, and instructions were issued by his office to so proceed. Given this and the fact that there was in any event compliance with the remedial action required by the Public Protector in that matter, I do not deem the report of the Public Protector in that matter to now be a bar to the nomination of the person as a special adviser.

No, I remain committed to a government of integrity, and I believe that the person Member Herron is referring to, showed integrity and accountability when he resigned from my cabinet and issued a public apology.

(5)(a) Compensation level IV has been motivated for (b) The complexity of the advice that he will be rendering is compatible to that given by a Director-General. (c) R 1,978 533.00 per annum

(6)(a) The person I intend to appoint as a special advisor, has served the citizens of the Western Cape for many years in critical delivery departments and he as an in-depth understanding of the provincial government. He has the requisite knowledge and expertise, as a former MEC of Human Settlements and Transport and Public Works, to advise me on the following:

Addressing and advising on economic and mobility issues.

Ensuring well-researched public transport platforms that enable the greater public arena, together with the public service, to take crucial decisions on the reform of the public transport system.

Engaging with departments and other spheres of government involved in priority interventions on the integration of economic models that would benefit the province, the country and neighboring nations from a growth perspective.

Promoting buy-in from key stakeholders critical to the success of evidence-based policy reforms.

Performing risk assessments of key delivery projects with a view to identify specific interventions to eliminate such risks and identify problem areas.

Using risk assessments to assist in identifying solutions and removing blockages to the effective delivery of priority objectives.

Perform networking with various stakeholders that require servicing by the Office of the Premier to speed up delivery, promote good governance and fulfil constitutional and statutory mandates involving my office.

Advising on the most effective ways for the WCG to advance the objectives of our service delivery agenda.

Addressing miscellaneous matters that will arise in the processes of governance on my instruction.

(b) R 1, 978 533.00 per annum