Social development minister’s five-year contract to DG contradicts Cabinet and governance directives

The Department of Social Development (DSD) has told Parliament that its director-general, Peter Netshipale, has been appointed on a five-year contract — despite Cabinet minutes showing that his appointment was approved for just one year.

On 25 March, the Cabinet approved Netshipale’s appointment as director-general (DG) of social development with an annual remuneration package of R2,259,984 and a 10% non-pensionable head of department allowance.

The Cabinet minutes recorded that the term of the contract would be one year, “subject to the verification of qualifications and obtaining the relevant security clearance”.

However, in response to a parliamentary question from DA MP Alexandra Abrahams on 25 April, the DSD stated:

“The duration of the contract for the newly appointed director-general in my department is five years (2025-2030). This is in line with the current prevailing prescripts.”

This would appear to directly contradict the Cabinet’s decision. It is unclear whether there was a deviation approved under the Public Service Act or whether Minister Sisisi Tolashe acted outside of Cabinet authority, which would mean effectively defying President Cyril Ramaphosa.

Age and assessment raise additional concerns

At the time of the Cabinet’s approval of a 12-month contract for him, Netshipale was 64 years old.

Section 16 of the Public Service Act states that public sector workers who reach 65 shall be retired, unless “he or she may, with his or her consent and with the approval of the relevant executive authority, be so retained from time to time for further periods which shall not, except with the approval of Parliament granted by resolution, exceed in the aggregate two years”.

In addition, documents seen by Daily Maverick suggest that Netshipale scored lower in psychometric assessments for the DG position than another candidate, Bulumko Nelana, a deputy DG in the Gauteng provincial government.

Asked for comment by Daily Maverick, DSD spokesperson Nomfundo Xulu-Lentsoane gave the same response as was offered in response to Daily Maverick’s previous reporting on hiring irregularities at the DSD, namely:

“There are currently several investigations based on the Auditor-General South Africa (AGSA) reports and the general maladministration within the DSD which the current acting deputy director for corporate services, Mr Xolile Brukwe, is looking into. A panel has been appointed to conduct the investigations. The report from the investigations will be released to the public once it is finalised.”

Serious implications

DA MP Abrahams told Daily Maverick that the issue of Netshapile’s contract term had serious implications.

“The position of the director-general, also the accounting officer, is a crucial position in the stability and functioning of DSD, as well as its entities: Sassa [the South African Social Security Agency, responsible for disbursing social grants] and NDA [the National Development Agency, which helps fund civil society],” said Abrahams.

“You cannot stabilise and ensure the effective implementation of a five-year strategic plan with a DG who is a year away from public sector retirement age. Did Cabinet and DPSA [Department of Public Service and Administration] approve the DG’s five-year appointment contract? Was there a deviation in terms of the Public Service Act in respect to the retirement age, and if so, why has the minister not been transparent about this and put to bed these questions?”

Abrahams also drew attention to wider staffing issues at the DSD.

“There have been many recent staff reshuffles within and between the ministry, department, Sassa and NDA, which have not made it to the media — such as the silent axing of the NDA board chairperson, Nozabelo Ruth Bhengu,” she said.

The DA MP acknowledged that some of the moves may be linked to the findings of the Auditor-General’s report referred to by DSD spokesperson Xulu-Lentsoane.

“However, if the recent suspensions and removals of individuals were motivated by allegations of misconduct, why is the minister’s special adviser, who has multiple charges of gross misconduct, not suspended until his matter is finalised?”

Abrahams was referring to Tolashe’s special adviser, Ngwako Kgatla, who seems untouchable despite having charges hanging over his head related to his allegedly drawing salaries from two government entities at the same time — the Department of Women, Youth and Persons with Disabilities, where he also worked under Tolashe, and Northwest Transport Investments Trading — without disclosing it.

Further claims against Tolashe’s chief of staff

The news of Netshipale’s contract comes just a week after Daily Maverick reported on the appointment of a 22-year-old, Lesedi Mabiletja, as Tolashe’s chief of staff. Mabiletja appears to be Kgatla’s niece.

Mabiletja’s CV lists a part-time IT diploma from Rosebank College and one year of marketing work experience at the same college. She also claimed volunteer experience in a deputy minister’s office while apparently still in high school.

Daily Maverick is now in possession of what appears to be Mabiletja’s certificate from the Nyukela course, awarded on 4 August 2024 by the National School of Government.

The Nyukela programme is mandatory for senior managers and aims to “ensure that senior managers are competent in their job role”.

As the National School of Government’s website makes clear, however, the minimum entry requirement for the course is “five years’ experience at middle management level”.

It is unclear how Mabiletja, who matriculated in 2020 and has a highly limited work history, would be eligible to access the programme. The National School of Government did not respond to Daily Maverick’s questions on Tuesday.

A department under scrutiny

The DSD has faced sustained criticism in recent months for its handling of internal governance and the stability and credibility of its leadership.

But Minister Tolashe may be politically untouchable because of her other position — as the head of the ANC Women’s League, which traditionally commands a substantial constituency and which swells in significance when the ANC succession battle heaves into view. DM