‘R3m in a sea of poverty’ – Public works DG earning big while doing nothing

MPs were on Tuesday dismayed that suspended public works and infrastructure director-general Sam Vukela has been earning his R3,3 million salary while at home for almost two years.

Members of the standing committee on public accounts (Scopa) said the salary and legal fees incurred by the state as Vukela fights through the courts to get his job back, was an indictment on the abuse of legal processes in the country.

There was no appreciation and caution in the use of public funds, said a visibly irritated committee chairperson Mkhuleko Hlengwa.

“R3,3 million you say…that is R3,3 million in a sea of poverty. We are bound by due processes of the law, but I also think we must concede as a country that there is a pattern of abuse of the judicial processes in an attempt to circumvent progress. “

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Vukela is one of the officials implicated in a forensic investigation report into alleged fraudulent contract management and irregular payments in the planning of state funerals for Winnie Madikizela-Mandela, Dr Zola Skweyiya and ambassador Billy Modise.

Public Works Minister Patricia de Lille announced Vukela’s suspension in July 2020. A disciplinary process that was scheduled to follow was marred by delays after Vukela filed an application in the high court, alleging that the process would not be fair if overseen by De Lille.

“In the interest of fairness, the President [Cyril Ramaphosa] then changed the disciplinary delegation to oversee the process.

“The President directed the matter to the Minister in the Presidency [Mondli Gungubele], as we would all know that the President is also responsible for the career incidents of all head of departments, especially at a national level.

“His application at the high court was struck off the roll after the President’s action,” said Presidency’s Matsietsa Mekhwe.

Vukela has since made representations to Gungubele, asking that his suspension be lifted.

Gungubele ordered that the suspension remain pending the finalisation of the disciplinary hearing, to which Vukela filed a dispute in the public sector bargaining council.

“The hearing at the General Public Service Sector Bargaining Council took place on 13 and 14 December, and will continue until 23 and 25 February 2022.

“In addition, there is also a review application pending in the Labour Court, in which the jurisdiction of the disciplinary hearing is being challenged.

“He is contending that the hearing be heard by the GPSCBC, and not the disciplinary tribunal,” Mekhwe added.

The Labour Court application is yet to be heard.

Hlengwa said South Africa was seeing a trend where the courts were abused to delay properly constituted and legal internal processes.

“It is a good thing that we have a constitution and the bill of rights, but rights come with consequences. We are susceptible to judicial abuse and are sitting with a R3,3m salary while he [Vukela] is at home…and legal tos and fros.

“There is a lack of appreciation on the public purse… it is overstretched, and public resources are not infinite.”

EFF MP Veronica Mente asked why it seemed nothing has been done on Vukela’s disciplinary hearing in almost two years.

“As much as we won’t deal with the merits of the DG’s case, the issues raised by this committee and others pertaining to the alleged irregularities and transgressions of the DG are very serious and disturbing.

“Also, in fighting the suspension, the DG could go back to work and interfere with the investigation and witnesses. It seems there is someone waiting for his five year term to end, which is almost over by the way, and that would be it.”

Gungubele said almost two years of not being at work was worrying and had a negative impact on state resources.

“We need to find a different way in dispute resolution mechanisms…we are tied in established processes and everyone behaves to the extend that the processes allows him or her. What is at stake is the state’s resources,” he said.

The state and Vukela were footing their own legal bills.

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