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YOUTH DIRECTOR THREATENS UNDER SEC.

28/07/2019 09:23:00 BY WELCOME DLAMINI

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MBABANE – It is not often that one gets to hear of such. A meeting by the Ministry of Sports, Culture and Youth Affairs is said to have turned chaotic after a serious misunderstanding between two senior officials.

The Times SUNDAY has learnt from senior sources within the ministry that Under Secretary (US) Nhlanhla Motsa had to lock himself in his room at the Pigg’s Peak Hotel after the Director of Youth Affairs, Bheki Thwala, allegedly threatened him.
This is said to have happened in the morning of May 28, 2019 – exactly two months after Thwala was reinstated to his position.

The youth affairs director spent three years at home while under suspension following an audit query by the former Auditor General Phestecia Nxumalo, who alleged that there had been mismanagement of money and other assets belonging to the Youth Enterprise Revolving Fund (YERF) where Thwala was the acting fund manager.

MINISTER REINSTATED HIM

He eventually returned to work after the House of Assembly ordered Minister Harries ‘Madze’ Bulunga to reinstate him or face a vote of no confidence.
The senior sources related that during the meeting at Pigg’s Peak Hotel, Thwala scared Motsa by making the threats. “It was after eight o’clock and the meeting had hardly begun when the two were involved in an argument. Thwala threatened Motsa who had to abandon the meeting and ran into his hotel room where he locked himself in,” the well-placed sources said.

Motsa is said to have been afraid to come out of his hotel room and opted to call the police to intervene. “When the police arrived, it was already after 9:30am and they found Motsa locked in his hotel room. He opened the door upon hearing that it was the police. When he spoke to the police, he emphasised that he was not opening any case against Thwala,” related the sources.
They said Motsa informed the police that he called for them so they could assist in accompanying him safely out of the hotel.

“That’s exactly what the police did; they escorted him out of the hotel but even though he said he didn’t want to open a case against Thwala, he was advised to come to the police station to make a formal report. The police said this was a precautionary measure, just in case anything arose in future between him and Thwala,” stated the sources.

Indeed, the under secretary is said to have gone to the police station to make the report, which was then registered in the station’s occurrence book.
When the police came to escort Motsa out of the hotel, they are said to have not spoken to Thwala because he was busy in the meeting. “They did not want to interrupt the meeting hence they did not ask to speak to him, more so because Motsa said he was not opening a case against him,” said the sources.

The sources said the matter was reported to Principal Secretary in the Ministry of Sports, Culture and Youth Affairs Prince Mlayeto, something that has been confirmed by Motsa.
The US said the matter was handed over to the ministry’s structures to deal with it and he was therefore not in a position to talk about it. “I am now waiting for my superiors in the ministry because I left the matter to them. I would not like to discuss the matter further and I suggest that you contact the ministry’s communications person,” Motsa said.

Thwala, on the other hand, also preferred not to talk about the matter.
“Kindly direct any enquiries regarding the ministry to our communications officer. Thanks for your cooperation,” he said.

matter now in hands of POLICE
The ministry’s Communications Officer, Sibongiseni Zondi, said the matter was now in the hands of law enforcement agencies.
“An issue involving two officers was reported to the ministry’s structures and the police were also informed.

Therefore, the ministry cannot comment on an issue that has entered the court process. In the meantime, we will also engage our internal structures in addressing the issue,” Zondi said.
Chief Police Information and Communications Officer Superintendent Phindile Vilakati confirmed that a report was made at the Pigg’s Peak Police Station but no case was opened.

Government Press Secretary Percy Simelane, even though stating that the matter was not reported to the prime minister’s office, noted its seriousness. “Government General Orders do not allow for violence in the workplace. There are penalties for such offences including immediate dismissal,” He said.
According to Government General Orders, if a Head of Department or Authorised Officer becomes aware of allegations against an officer, he shall institute a departmental preliminary investigation.

…The Rules

If, following the preliminary investigation, the head of department or authorised officer considers that the offence, if proved, is likely to warrant a disciplinary punishment that is less severe than dismissal, termination of service, reduction in rank or reduction in salary, he shall institute a summary enquiry to establish the facts of the case.

The summary enquiry shall form part of the disciplinary proceedings when specific acts of the misconduct are alleged against an officer, and the misconduct, if proved, is likely to warrant punishment less severe that those outlines above.
If, following the departmental preliminary investigation, the Head of Department or Authorised Officer is of the opinion that the misconduct alleged, if proved, is serious enough to warrant the infliction of any one of the aforementioned disciplinary punishments stated, he shall institute a formal inquiry to establish the facts of the case.
The formal enquiry may be conducted either by the Authorised Officer or an investigating officer and written charges shall be presented to the officer being probed and the charges shall be framed, if required, after consultation with the Attorney General.

constitute the misconduct

“The charges shall be simply and briefly worded, but they shall specify the actual acts or omissions which constitute the misconduct and, where possible, they shall indicate the Regulations or Order which has been contravened,” reads the General Orders.
The officer shall be provided with copies of documentary evidence which shall be relied upon for the purpose of the inquiry, or be given an opportunity to inspect such documentary evidence, including any statements taken during the departmental preliminary investigation, if one was held.
The officer shall be provided with an opportunity of replying in writing to the written charges made against him within a specific period and shall be allowed to cross-examine witnesses called to give evidence against him at the formal inquiry, and to call his own witnesses, if any.

performance of his duties
At some point, if the Head of Department considers that the officer under probe shall be interdicted from the performance of his duties because of the alleged conduct, he shall make a full report to the prime minister, recommending the interdiction of the officer and the amount of salary which shall be paid to him during the period of interdiction. “After due consideration, the prime minister shall direct accordingly,” states the General Orders.
The officer and secretary to the Civil Service Board shall be informed of the interdict.
If the disciplinary proceedings do not result in the officer’s dismissal or other lesser punishment, he shall be entitled to receive full amount of the emoluments which he would have received if he had not been interdicted.
If the officer is awarded a punishment other than dismissal, the Civil Service Board shall decide what proportion, if any, of the emoluments withheld from the officer because of his interdiction shall be refunded to him.