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The Acting Head of the Special Investigating Unit (SIU), Adv. Nomvula Mokhatla, continues to attempt to defend the reinstatement of Miseria Nyathi as SIU Head of Business Support. The DA welcomes the fact that Adv. Mokhatla will now have to make the case before the Justice Portfolio Committee, which last week agreed to my request that she appear before the Committee.

It was reported on Friday that Adv. Mokhatla continues to defend her absurd decision to reinstate Miseria Nyathi despite legal opinion to the effect that such reinstatement would be unlawful, as well as concerns raised by the Auditor-General.

Adv. Mokhatla, who was appointed as acting head of the SIU nearly nine months ago, has made a number of controversial decisions during her extended tenure. Most notable of these was her decision to reinstate Nyathi.

Nyathi was dismissed because she refused to take a polygraph test amidst allegations of improper conduct, including fraudulent claims for overtime allowances. The obligation to take this test was a material term of her contract of employment, and the Labour Court held that repudiation of this term amounted to repudiation of her contract, which would justify dismissal.

Adv. Mokhatla, however, seeks to defend Nyathi’s refusal to undergo a polygraph test, saying that she has applied her mind and that she is of the view that her refusal does not amount to a material breach of her employment contract. No reason is given for this refusal to accept the order of the Labour Court, which found that it does.

In addition, she has also attempted to argue against the fraudulent overtime claims by saying that the SIU’s entry and exit logs “could not be relied on to show the exact hours that Mrs Nyathi spent at work”. Our understanding is that entrances and exits at the SIU are, for obvious reasons, very strictly controlled, and access can only be gained by means of a personalised access card. Is Mokhatla saying that she does not trust the access control of her own unit?

Mokhatla also claims that it has not been proved that a letter calling for the dismissal of former SIU head Willie Hofmeyr was sent from Nyathi’s computer. However, it was proved that it was sent from a computer belonging to her daughter, Cora, which she used to send and receive emails on her email address mizeria@vodamail.co.za.

The DA welcomes the fact that the acting Chief Financial Officer, Garth Elliot, has seen fit to call in the SIU’s auditors to determine whether the reinstatement could be justified in terms of the Public Finance Management Act.

Of crucial importance is the statement of auditor Xolile Ntuli, who reportedly said in a draft audit finding that: “It is not clear on what grounds she was reinstated”. Well it is not clear to us either.

The DA eagerly awaits a suitable date for Adv. Mokhatla to appear before the Justice Portfolio Committee. She must answer for her actions. She can no longer defend this decision.