Johannesburg - Sam Vukela, acting director-general of the Public Works Department, has been fired for showing no remorse for his role in the controversial R500 million police lease deal saga.
This was the same deal that led to the sacking of Bheki Cele as national commissioner of police last year.
Vukela awarded the deal to property mogul Roux Shabangu after he had a 10-minute meeting with Lieutenant-General Hamilton Hlela, where the need for police accommodation and parking was discussed.
On Wednesday, Vukela filed papers in the bargaining council in which he challenged the fairness of his dismissal.
He was found guilty in May after he coerced his junior officials in the supply chain management department to secure the Sanlam Middestad Building in Pretoria for use by the police during the 2010 World Cup.
The internal hearing found that he made a decision a few days before kick-off.
The Star understands that the presiding officer, advocate Lesego Montsho, found that Vukela was not fit to continue his job due to the seriousness of the offence.
Montsho also rejected the plea of Vukela’s counsel, Graham Moshoana, to him to be lenient when passing his verdict. Moshoana had submitted that his client’s action was about “ordinary negligence” that did not warrant the ultimate penalty of dismissal.
Moshoana argued during mitigation of sentence that it was not disputed that the involvement of Vukela was on the instruction of former minister of public works Geoff Doidge.
The counsel also said Vukela was employed in an acting capacity at the time, saying it should be an important consideration, particularly on the aspect of his failure to apply his mind to legislation governing supply chain management in the government.
But Montsho dismissed both submissions. Detailing his reasons, Montsho said: “It is important that I point out that the evidence tendered showed that Minister Doidge’s instruction to Vukela was clearly to ‘enquire on the bottlenecks’ surrounding the SAPS request for accommodation in the Sanlam Middestad Building before the 2010 Fifa World Cup, and not to disregard the applicable policies and procedures.
“Having regard to the fact that, by virtue of his seniority and position as accounting officer, it was imperative for Vukela to apply his mind to any given facts.
“In this regard, he failed to appreciate the fact that any failure on his part as the accounting officer, albeit in an acting position, to apply his mind when required to do so would result in considerable loss to the Department of Public Works,” Montsho said.
Montsho concurred with Public Works’ counsel, advocate Omphemetse Mooki, that Vukela’s lack of application of his mind has landed the department in a major court battle in the Pretoria High Court.
The department had filed papers to nullify the tender awarded to Shabangu. The matter was still pending.
Montsho also lambasted Vukela for issuing an instruction to his supply chain management officials following a meeting that lasted between five and 10 minutes, saying “that amounted to a breach of trust”.
He said Vukela’s failure to follow tender regulations also amounted to breach of trust.
“Vukela has also showed no remorse in as far as the commission of the offences is concerned, in that, despite the fact that the affidavits deposed by him in the application were pending in the Pretoria High Court, he issued an instruction to officials in the department to deviate from the competitive bid process. During the disciplinary hearing he unsuccessfully tried to retract his stance as stated in the affidavits.
“This conduct clearly shows that he is not remorseful but is an untrustworthy person. What then remains is therefore whether, in the light of the factors, the continuation of an employment relationship will be tolerable and practical,” Montsho said.
He found no mitigating circumstances for a lesser sentence and ruled that a dismissal was the only appropriate sentence.
Public Works’ lawyer, Phil Masilo, told The Star last night that the department would challenge Vukela’s referral to the bargaining council.
The Star