Address by Public Protector Adv Thuli Madonsela to The National ...

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(cc) The delay was unreasonable and improper as envisaged insection 182(1)(a) of the Constitution and constitutesmaladministration in terms of section 6(4)(a)(i) of the PublicProtector Act;(c) Was the Department’s decision to withhold theComplainant’s Cost of Living Allowance due to him by virtueof being posted at the Cuban Foreign Mission afterwithdrawing him improper?(aa) The Department withheld the Complainant’s Cost of LivingAllowance (COLA) due to him by virtue of being posted atthe Cuban Foreign Mission after withdrawing him.(bb) The Department’s decision to withhold the Complainant’scost of living allowance due to allegations of misconductagainst him contravened Paragraph 6.2.1(iii) (COLA) of theForeign Service Dispensation which provides that accordingto the DPSA, letter dated 22/02/2006, if an official is recalleddue to a Labour Relations action he/she is regarded as beingon official duty and hence that rule will apply.(cc) The conduct of the Department in withholding theComplainant’s COLA after withdrawing him due toallegations of misconduct against him was improper asenvisaged in section 182(1)(a) of the Constitution andconstitutes maladministration in terms of section 6(4)(a)(i) ofthe Public Protector Act; and8
(d) Was the Complainant prejudiced as envisaged in section6(4)(a)(v) of the Public Protector Act by the Department’sdecision to withdraw him from the Cuban Foreign Mission,the delay in holding a disciplinary hearing against himregarding allegations of misconduct in Cuba and thewithholding of his COLA due to him by virtue of beingposted at foreign mission?(aa) The Complainant suffered an injustice or prejudice asenvisaged in section 6(4)(a)(v) of the Public Protector Act, inthat:I. He was treated unfairly;II. He unfairly lost his cost of living allowance that he waslegally entitled to;III. His name and reputation remain tarnished due to thefailure to afford him an opportunity to clear his name;andIV. His human dignity was impaired.(vi)Appropriate remedial action to be taken in terms of section182(1)(c) of the Constitution is that:(a) The Director-General of the Department should ensure that theComplainant’s allowances which accrued to him in terms of hiscontract of placement in the Cuban Foreign Mission enteredinto with the Department, is paid to him together with interest atthe prescribed rate of 15,5% per annum from the date of his9
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Page 3: The allegation pertaining to unfair
Page 7: issued, a meeting was held with the
Page 11 and 12: September 2005 which was rejected a
Page 13 and 14: (c) Did the Complainant suffer prej
Page 15 and 16: (c) Alleged incomplete and non-oper
Page 17 and 18: Phase 3 tender. This is in contrave
Page 19 and 20: escalated enormously. The conduct w
Page 21 and 22: sustainable services are not delive
Page 23 and 24: municipality or municipal entity, a
Page 25 and 26: Municipality’s payroll section. E
Page 28: (a)The Municipal Manager should ens
Page 31 and 32: (ii) The Speaker of the Nala Local

Address by Public Protector Adv Thuli Madonsela to The National ...

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