Despite causing a now retired employee, Israel Mogoaladi, to forfeit a portion of his pension fund, it has come to Mkhwebane’s attention that the municipality does not have a leave policy.

Mkhwebane has revealed in a report that the municipality failed to register Mogoaladi for a fund in time, resulting in forfeiting 20 months' worth of pension. The municipality only registered and paid contributions of Mogoaladi to the South African Local Authorities' (SALA) pension fund from 1 April 2016 to August 2018, although Mogoaladi's employment began on 1 July 2014 and he retired 30 September 2018.

“The municipality further failed to pay his contributions in September 2018 for his last month in the municipality,” she explained. The municipality has, however, since paid the outstanding pension benefits amounting R34 959.61.  

Mogoaladi further laid a complaint against the municipality, alleging they failed to pay him for his accumulated leave days upon retirement, however, no evidence from him was given to support his allegation.

Mkhwebane revealed the municipality does not have a policy to regulate employees’ leave. Information gathered showed employees were indeed given leave, however, the challenge the municipality has experienced is managing employees’ leave.

“It was expected of the municipality to adopt a leave policy for its employees as part of promoting sound labour relations.”

Mkhwebane recommended four remedial acts to be taken to correct the maladministration in the municipality. The municipal manager, Lungile Mokoteli, is expected to submit an implementation plan detailing how he will implement the following remedial actions:

1. Take appropriate disciplinary and remedial action in terms of the Municipality’s Disciplinary Policy and section 67(1) (h) of the Municipal Systems Act, within 60 working days from the date of the report.

2. Develop a Municipal Leave Policy for purposes of regulating leave of the employees and the relevant provisions of the Basic Conditions of Employment Act. Furthermore the leave policy must be aligned to the Basic Conditions of Employment Act within 60 working days.

3. Report to the Council on the implementation of the remedial action taken and provide the Public Protector with a copy thereof within 90 working days.

4. Provide Mogoaladi with an apology in writing for the prejudice that he suffered as a result of the failure on the part of the Municipality to register him on a provident fund when he was employed by the Municipality within 30 days.

Mokoteli is advised to submit the implementation plan within 30 working days from the release date of the report, and implement the remedial actions within the stated period to avoid being in contempt of the Public Protector.

OFM News