Staff Reporter
A Free State municipality has been ordered to apologise to a former employee for the prejudice he suffered after it failed to register him as a member of a provident fund.
The Public Protector issued the directive to the Masilonyana Local Municipality – which runs Brandfort and other surrounding towns – following an investigation into allegations of improper conduct and maladministration by the local government authority.
The probe relates to a complaint lodged by Israel Mogoaladi, who was employed as a driver by the council as a driver/messenger in the office of the municipal manager with effect from July 1, 2014.
He retired on September 30, 2018.
On January 6, 2020, Mogoaladi asked the Public Protector to investigate the municipality which he accused of failure to register him as a member of a provident fund and pay all contributions due on his behalf between July 31, 2014, and March 31, 2016.
He also alleged that upon retirement the municipality had failed to pay him in lieu of the 57 leave days that he claimed to have accumulated during his employment.
Having considered the evidence and information obtained during the investigation, the Public Protector found the municipality’s failure to register Mogoaladi on the provident fund was improper and constituted maladministration.
“The complainant suffered prejudice in that he forfeited provident fund benefits between 31 July 2014 and 31 March 2016, including September 2018,” Public Protector Advocate Busisiwe Mkhwebane said in her report on the matter that was released on February 28, 2022.
The outstanding pension benefits, amounting to R34 959.61, have since been paid by the municipality and the complainant has also acknowledged receipt of the said benefits.
However, the Public Protector dismissed the leave days claim saying the complainant had failed to substantiate the allegation.
“The evidence presented . . . revealed that the complainant did not have
accumulated leave days as at 31 September 2018 when he retired,” Mkhwebane said.
“The complainant could not produce any evidence or refute the evidence submitted by the municipality.”
She however noted that the investigation had further revealed that the municipality did not have a policy to regulate its employees’ leave.
“The conduct of the municipality for failing to develop a leave policy constitutes improper conduct in state affairs . . .”
As a result, the Public Protector prescribed remedial action, including an order that the municipality should “within 30 working days from the date of the report provide the complainant with an apology in writing for the prejudice that he suffered a as result of the failure on the part of the municipality to register him on a provident fund when he was employed by the municipality”.
The acting municipal manager of the Masilonyana Local Municipality was also ordered, within 60 working days from the date of the report, to initiate a process for the development of a municipal leave policy.