CAPE TOWN - The Western Cape Education Department (WCED) has been accused of using the retirement of two Golden Grove Primary School staff members implicated in financial mismanagement as an excuse not to take legal action.
Education MEC Debbie Schäfer was questioned by ANC MPL Khalid Sayed about the investigation into alleged fraud and financial misconduct by former Rondebosch school principal and another retired member.
He wanted to know whether any charges were laid against the employee.
In response, Schäfer said no, adding that the forensic report did not indicate that criminal or civil proceedings should be instituted against the principal.
WCED spokesperson Bronagh Hammond said: “Criminal proceedings were not recommended by the Provincial Forensic Services (PFS). The WCED enquired with Legal Services, who made it clear to us that the legal costs of civil recovery of the R18 245 from SGB members for the approved laptops would exceed the amount to be recovered. It was thus recommended that we should not proceed with recovery.”
Parents and student governing body (SGB) members had in 2017 reported irregularities and suspicions of financial mismanagement of about R1.3 million.
Sayed said he was surprised to note the PFSs findings, as the preliminary findings previously given to the existing SGB by two WCED representatives suggested that further action, legal or disciplinary action should be instituted.
He said the issue cannot rest on the concept of retirement because the law made provision for prosecution after retirement from public service institutions if there were identified elements of prosecutable transgressions.
“Pinelands Blue School had a similar incident with the principal, who was on early retirement, and the SGB at the time was then told to prosecute at their own costs. It seems the name of the smokescreen is called retirement,” Sayed said.
Parent and whistle-blower Gasant Abarder, who was on the SGB at the time the irregularities were discovered, said he believed there was a prima facie case for a charge to be laid against those implicated.
“I didn't see a physical copy of the report by WCED official Timothy Ndzuzu, who advised a meeting that included the then-outgoing SGB I served on and the incoming SGB that charges could be laid with the SAPS if the new SGB chose to do so.”
Former SGB governor from 2015 until 2018, Maryam Abbas, echoed the same sentiments that the report from forensic services indicated irregularities that were prosecutable.
“The WCED reiterates that the persons were retired already, yet the law does make provision for an employer to institute action after resignation and retirement in other institutions, unless the Education Department has different governing legislation?”
Cape Times