KwaZulu-Natal Correctional Services head, Mnikelwa Nxele, will know his fate on Wednesday. Nxele faces numerous charges including the alleged loss of a state firearm.
He also has to answer to allegations that he ignored instructions to reinstate a dismissed employee, did not follow procurement processes for a R10.6 million tender in 2012, refused to attend interviews for senior management posts and that he misrepresented information when submitting a mileage claim.
Nxele went to the Durban Labour Court on June 3 to try to halt investigations into his activities, but his application was dismissed by Judge Benita Whitcher on the basis that the employer had the right to investigate an employee if there were allegations of misconduct.
Nxele is expected to appear before National Commissioner of Correctional Services, Zack Modise, the Departmental Investigation Unit director, Ramothlabane Mphamo, and his deputy director, Pieter Kilian.
But the department spokesman, Logan Maistry, would not confirm Nxele’s appearance before a disciplinary panel.
“This is an internal matter between an employer and employee. It is regarded as confidential,” Maistry said.
Nxele said he had not received any instruction to appear before the disciplinary committee and was not at liberty to discuss internal processes.
During oral arguments before the Labour Court, on firearms charges and mileage claims, Nxele, who was represented by Bongani Mgaga, argued that he did not understand the charges.
He also said that had investigators approached him in good faith on allegations that he misrepresented travel claims, he would have verified the travel claims, corrected the mistake and offered to refund the overpayment to the department.
“I would have informed the investigators I had made an honest mistake mainly due to the failure by the logistics section to update the asset register.
“To suggest this constitutes fraud and or misrepresentation without even hearing my side of the story first is indicative of the first respondent’s ill intentions,” he said.
Nxele said the department was desperate to get rid of him at all costs.
A March 24 letter signed by Modise ordered Nxele to permit an unrestricted entry to investigators after it came to his attention the accused had previously required investigators to obtain his permission to perform their functions.
“I hereby direct and instruct you not to require any of the departmental investigators to obtain your prior approval to carry out their functions,” Modise warned.
Sunday Tribune