JOHANNESBURG, Gauteng — Public Protector Kholeka Gcaleka has found former Ekurhuleni city manager Dr. Imogen Mashazi guilty of improper conduct following an investigation into the irregular appointment of Ndumiso Gcwabe as the City of Ekurhuleni’s deputy chief of metropolitan police for security and loss control.
The ruling, released as part of the Office of the Public Protector’s second quarter report, centers on a fundamental qualifications failure: the position required a bachelor’s degree at NQF level seven or an equivalent qualification, but Gcwabe held only a diploma that fell short of the prescribed standard.
Verification Process Deemed Constitutionally Inadequate
According to the findings, the City of Ekurhuleni did engage a private service provider to verify Gcwabe’s credentials prior to his appointment. However, the Public Protector determined that this verification was critically deficient — it confirmed only the authenticity of the physical documents without cross-referencing the SAQA-recognized NQF levels of the qualifications presented.
Gcaleka ruled that this administrative shortcoming constitutes a direct infringement of the Constitution, the Municipal Systems Act, and applicable recruitment regulations.
Adv. Nelisiwe Nkabinde, Chief Operations Officer at the Office of the Public Protector, explained that the investigation was initiated after a complaint from a civil servant union operating within the municipality. The union alleged that Gcwabe had been appointed to the senior policing role without meeting the minimum advertised requirements.
“When we looked at the requirements of this particular post, it had required a person to have a bachelor’s degree at NQF level seven or an equivalent qualification,” Nkabinde said. “We found that Mr. Gcwabe had a diploma and not a qualification at NQF level seven.”
Millions in Public Funds at Stake
The financial implications of the irregular appointment are significant. Gcwabe’s salary package was valued between R1.6 million and R1.7 million per annum, meaning the municipality has been paying a premium salary for an appointment the Public Protector has now declared substantively unlawful.
Nkabinde noted that the financial loss to the city is equivalent to the total salary paid to Gcwabe from the date of his appointment until the matter is resolved through the courts or internal corrective processes.
90-Day Remedial Deadline Issued
Gcaleka has directed Ekurhuleni Executive Mayor Nkosindiphile Xhakaza to take remedial action within 90 calendar days of receiving the report. The mayor is expected to table the findings before council, deliberate on the matter, and obtain approval for an appropriate course of action — which includes pursuing a judicial review of the appointment.
Notably, the Public Protector did not order Gcwabe’s immediate suspension. Nkabinde clarified that because the irregularity originated with the city’s own functionaries who shortlisted and appointed him despite the advertised requirements, the legal pathway requires a judicial review process before any suspension or dismissal can be lawfully enforced.
“That does not stop the city from taking measures internally without having to go to court to start corrective processes to ensure that this irregular appointment is set aside,” Nkabinde added.
Retired City Manager Beyond Direct Sanctions
A complicating factor in the case is that Dr. Mashazi has since retired from public service. While the improper conduct occurred during her tenure as accounting officer, the Public Protector’s remedial powers are limited when the implicated official is no longer in government employment.
Nkabinde acknowledged that if Mashazi were still in the public service, corrective action against her would remain enforceable. As it stands, any further accountability measures — such as civil litigation to recover costs associated with the irregular appointment — would fall to the municipality itself.
However, other officials who participated in the recruitment and selection process and remain in the city’s employ are still subject to remedial action.
Systemic Recommendations for Qualification Verification
Beyond the immediate case, the Public Protector has issued broader recommendations aimed at preventing similar failures across government. A special recommendation was directed to the Minister of Higher Education to develop and publish clear guidelines on proper qualification verification, with the minister reportedly providing timelines for implementation.
Nkabinde emphasized that the root problem is often not the absence of rules but the failure to follow them.
“Prescripts are there. It is actually the non-compliance that is occasioned by such irregular appointments,” she said, pointing to a “total disregard of the legislation and the recruitment policies” within the very institutions designed to uphold them. She stressed that accounting officers bear responsibility for ensuring adherence to proper labor relations and the ethical conduct standards enshrined in Section 195 of the Constitution.
Moloto Corridor Feasibility Findings Also Released
The second quarter report additionally addressed community concerns surrounding the Moloto corridor project. The Public Protector found no maladministration in the municipality’s decision to commission two feasibility studies at a combined cost of approximately R30 million before proceeding with construction of a proposed railway line.
Nkabinde explained that feasibility, engineering, and environmental studies are standard prerequisites for major infrastructure projects, and that bypassing them could create significant problems down the line. She noted that the municipality has since shifted its focus to road infrastructure improvements in the area while government explores alternative options for the rail link.
When asked how affected communities should reconcile these findings with testimony emerging from the Madlanga Commission regarding contracts on the Muloto road, Nkabinde said the Public Protector’s office would allow that commission to complete its work and would pursue any new evidence of misconduct or corruption through appropriate law enforcement channels.
Community representatives were briefed on the Public Protector’s likely findings prior to the report’s release and have accepted the conclusions, according to Nkabinde.
