Cape Town - The Department of Correctional Services says the disciplinary hearing against suspended KwaZulu-Natal Correctional Services commissioner Mnikelwa Nxele has been set down by the General Public Service Sector Bargaining Council (GPSSBC) to continue on June 22.
Allegations against Nxele include that he ignored instructions to reinstate a dismissed employee and did not follow procurement processes for a R10.6 million tender in 2012. He was suspended in 2019 after an internal investigation, but when his suspension expired in December that year, his attempt to return to work was thwarted, and he was served with another suspension letter.
Nxele has also been implicated in the Commission of Inquiry into State Capture as Bosasa’s former chief operations officer, Angelo Agrizzi claimed that Nxele received payments to the value of R57 500 a month, allegedly for his influence. Nxele has denied these claims.
He has been on suspension since December 2, 2019 although he returned to work briefly on some instances, said national DCS commissioner Arthur Fraser.
In a briefing to the portfolio committee on justice on Wednesday, Fraser said the suspension of Nxele is necessary to ensure the safety and well-being of witnesses. There are two separate investigations against the suspended regional commissioner. The Special Investigations Unit launched a probe into allegations that Nxele laundered millions of Rands in the awarding of 19 irregular tenders.
“He is charged for various acts of misconduct in relation to the disciplinary referrals from the Special Investigations Unit (SIU) in relation to inter alia procurement irregularities of contracts (total estimated value of the contracts R92 million),” said Fraser.
“The DCS is ready to continue with the arbitration on the merits of the allegations against Nxele.”
In the second instance which is the unfair suspension referral, Fraser said Nxele referred an unfair labour practice to the GPSSBC for alleged unfair suspension in relation to the suspension of July 17, 2020.
He said the matter was heard on December 21 and 22, 2020, March 2 and 3 as well as April 1 and 6 this year.
“On April 26, 2021 the arbitrator issued an award in favour of Nxele and he returned to work on May 3 2021. The department immediately filed to review the award and to stay the enforcement of the award. On May 5, 2021 the Labour Court in Johannesburg granted an order in favour of DCS that Nxele is interdicted and refrained from reporting pending the review of the award.
“Nxele served an urgent application in the Durban Labour Court to rescind the order of May 5 2020 and on May 13, 2021 the Court dismissed his application. Therefore, Nxele is currently on suspension,” Fraser said.
Political Bureau