Public Protector, Busisiwe Mkhwebane has given president Cyril Ramaphosa 30 days to institute disciplinary action against National Treasury Director General, Dondo Mogajanee for failing to disclose his criminal record when applying for the position.

Mogajane was appointed Director-General by former Finance Minister Malusi Gigaba in 2017, taking over from Lungisa Fuzile.

Mkhwebane is releasing reports into several investigations in Pretoria.

“Following the investigation, I found that the allegation that Mr Mohajane failed to disclose the criminal record on the application of the position of the DG is substantiated. It is right that Mr Mogajane has a duty in law to act honestly and in good faith towards in employer. He discovered about his criminal record when he applied for the DG position in 2015 and in so doing Mr Mogajane failed to meet the standard imposed upon him to act with integrity and honesty.”

Mkhwebane  says they also found that Gigaba acted improperly by appointing Mogajane.

“I also found that the former minister in the appointment of the DG was improper. The minister should have made sure or satisfied himself about all the processes followed. As a remedy, I have directed the president to take appropriate disciplinary action against Mr Mogajane in terms of Section 16A of the Public Service Act for dishonestly making false representation of material facts and non-disclosure of a criminal conviction. This must happen within 30 days of this report.”

Mbalula violates the ethics code

In another report, Public Protector Busisiwe Mkhwebane has found that former sports minister Fikile Mbalula violated the ethics code when he undertook a family vacation to Dubai with his wife and children in 2016.

According to reports Mbalula’s trip came to about R680 000. Further allegations were that an estimated sum of about R380 000 was delivered to Mbalula in cash once he arrived in the United Arab Emirates (UAE).

Mkhwebane says Mbalula’s conduct was a gross violation of the constitution and the executive code of ethics.

“I found that the allegations that the former minister Mr Mbalula violated the executive members ethics code when he undertake the family vacation was substantiated. Indeed the trip was undertaken and what was peculiar is that neither Mr Mbalula or his family or his office arranged the trip. The bookings were made by a certain Mr Siwela on behalf of Mr Mbalula and Mr Mbalula makes no mention when he responded to the Public Protector, no mention of Mr Siwela or relations.”