Ex-minister Baloyi ‘would be shocked if due processes not followed in Manyi, Maseko transfers’

Former minister of public service and administration (PSA) Richard Baloyi on Tuesday told the commission of inquiry into state capture that he would be “shocked” to learn that due process was not followed in the transfers of Mzwanele Manyi and Themba Maseko.

On February 2, 2011, it was announced that Manyi would be transferred as director-general (DG) of the department of labour to replace Maseko as the DG government communication and information systems (GCIS), and that Maseko would be transferred to the PSA department (DPSA).

Consent from the “releasing authority”, a Cabinet memorandum, a decision by Cabinet, and a president’s minute are necessary in order for the transfers to be lawful, the commission heard.

However, evidence leader at the commission advocate Kate Hofmeyr said the inquiry could not obtain evidence that a Cabinet memorandum on the transfers existed.

Hofmeyr further said following a request by the commission, minutes reflecting that Cabinet discussed the transfers could not be found.

The chairperson of the commission, Deputy Chief Justice Raymond Zondo, said Maseko had testified that the transfers had been fast-tracked and that Baloyi had heard from the former DG that he would head up DPSA, which came as a surprise to the former minister.

Baloyi told the commission that despite the fact that he did not attend the said Cabinet meeting, another minister would have acted in his role and tabled the memorandum on the transfers, which would make it strange that no Cabinet memorandum and minutes of a discussion in the Cabinet can be found regarding these transfers.

Baloyi suggested that the commission should investigate further to obtain the Cabinet memorandum and minutes of discussion on the transfers.

Zondo asked Baloyi whether he had “an independent recollection” of a Cabinet memorandum placed before Cabinet, or whether he thought there was a Cabinet memorandum because he co-signed a president’s minute, which comes after processes followed in the Cabinet.

Baloyi responded by saying it was the latter of the two scenarios Zondo had put forward, adding that the president’s minute was given to him by the commission’s team.

The former minister said a Cabinet memorandum on the transfers would have been prepared by the DPSA, adding that during his time as minister, the Cabinet had never given concurrence on a verbal announcement and that it would be a concern if Cabinet did so without a memorandum being tabled.

ALSO READ: Oliphant tells Zondo she did not discuss Manyi’s transfer to GCIS with Zuma

Zondo said Maseko had testified that on the said day, the transfers were not discussed by Cabinet, which also did not decide on the matter, but rather that it was an announcement.

“It would be surprising if such a situation happened,” Baloyi said, adding that it would have been strange if the transfers were announced without a discussion being held by the Cabinet.

“I’m not convinced that there was not Cabinet memorandum,” he further said, adding that he would be shocked if there was no Cabinet memorandum and that there are no minutes reflecting that the transfers were discussed in Cabinet.

“That would shock me, chairperson… it should not be like that, it should definitely not be like that,” Baloyi said.

Baloyi also said he would have not co-signed the president’s minute if due processes had not been followed and that in such an instance, he would be disappointed with himself.

He had earlier told the commission that he was approached by the then minister in the presidency, the late Collins Chabane, to ask he facilitate with and manage Maseko’s exit from GCIS.

However, he said he could recall exactly when Chabane had approached him.

Baloyi said following his discussion with Chabane, he obtained concurrence from the late minister and then discussed Maseko’s transfer with the former DG and obtained his consent.

This, however, is opposed to Maseko‘s testimony at the commission, Hofmeyr noted, saying the former DG had testified that such a discussion did not take place and that he had not been asked for consent regarding the transfer.

“I became aware of that version when I received the affidavit from the commission,” Baloyi said, adding that he was surprised by Maseko’s version of events.

The commission previously heard testimony that then-president Jacob Zuma had instructed Chabane to get rid of Maseko.

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