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Unions seething after former parliamentary secretary scores tender from legislature as details shrouded in secrecy

Legislature's former secretary Gengezi Mgidlana

Legislature's former secretary Gengezi Mgidlana

5th September 2022

By: News24Wire

  

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Union leaders in Parliament have called on the institution to null and void a tender, shrouded in secrecy, to the legislature's former secretary Gengezi Mgidlana - who was fired over allegations of maladministration.

In a statement, the National Education, Health and Allied Workers Union (Nehawu) said that given Mgidlana’s history at Parliament, the contract to conduct research should be cancelled.

It has called on the Presiding Officers, led by National Assembly (NA) Speaker Nosiviwe Mapisa-Nqakula and National Council of Provinces (NCOP) chairperson Amos Masondo, to instruct the secretary to Parliament, Xolile George, to cancel the contract.

Email exchanges indicate that Mgidlana’s company, Afrocentric Markets Consultancy, was appointed to conduct research for Parliament.

The company was appointed by the Legislature Support Services (LSS) on behalf of the South African Legislative Sector (SALS) to “deliver on the project of conducting benchmarking on the legal and policy framework that regulates cooperation national, provincial and local sphere of government,” emails read.

Temba Gubula, Nehawu's secretary in Parliament, said the union believed the appointment of Mgidlana’s company to do business with Parliament was irregular and unethical.

"Mgidlana was dismissed for acts of very serious misconduct by Parliament, and that should have immediately disqualified him or his company from engaging in any sort of business with Parliament. In 2017, the union brought 13 allegations against Mgidlana, and in February 2018, the chairperson of the disciplinary hearing found him guilty on seven of the 13 charges, which included a charge of awarding himself a R71 000 ex-gratia bonus, which he didn’t qualify for. In 2019, both the NCOP and NA unanimously resolved that he be fired," he said.

Mgidlana was placed on voluntary special leave on 9 June 2017, after Nehawu levelled allegations of corruption against him.

He faced charges relating to the breach of legislation on the financial management of Parliament and provincial legislatures, the breach of parliamentary policies as well as the breach of the National Road Traffic Act.

On 1 February 2018, disciplinary charges were served on Mgidlana. A disciplinary hearing found Mgidlana guilty of seven of the 13 charges and, on 30 August 2019, the chairperson of the disciplinary hearing recommended his summary dismissal.

Parliament’s spokesperson, Moloto Mothapo, told the Sunday Times that no appointment had been made.

In an email to George, LSS sought a meeting to apprise him of Mgidlana’s appointment.

“Afrocentric Markets Consultancy has been appointed by the Legislature Support Services (LSS) on behalf of the South African Legislative Sector (SALS) to deliver on the project of conducting benchmarking on the legal and policy framework that regulates cooperation national, provincial and local sphere of government. We will approach your institution again in the next coming weeks to make arrangements to interview a sample of people relevant for this study. We will send you communication to this effect and liaise with you and your institution to get the relevant sample. We look forward to the cooperation of your institution,” the email read.

Funded by the European Union, the LSS provides administrative support for the provincial legislatures, the Speakers’ Forum of SA and other related structures.

It also helps with liaison between the National Houses of Parliament and the nine provincial legislatures.

Gubula accused Mgidlana of having a propensity to pervert due processes to achieve his personal desires.

“It is still unclear why Parliament needed that service to be offered by a service provider when there are many unemployed graduates who can be employed to do that work on an ongoing basis. It is also unclear when the tender was advertised, how much the cost of the contract is, how many other companies submitted their bids, as well as details of members of management who sat on the committee that decided to appoint Mgidlana’s company,” Gubula said.

News24 was unable to establish the details of the tender. Questions sent to Mothapo were not answered. A response will be added once it has been received.

Edited by News24Wire

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