Post does not exist without funding - SAPS

2015-03-17 15:23
(File: SAPS)

(File: SAPS)

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Johannesburg - A post in the public service cannot exist without approved allocated funding, the Labour Court in Johannesburg heard on Tuesday.

Colonel Madiba Matsetela, of the SA Police Service's (SAPS) national organisational unit told the court funding was the deciding factor in postings in the SAPS.

"One would say [for example] these are the number of posts you would wish to have but... dependent on the budget," Matsetela said.

William Mokhari, for the SAPS, asked Matsetela: "So the budget is the deciding factor?"

Matsetela replied: "The budget is the deciding factor."

He was giving evidence in Solidarity's case seeking to force the SAPS to redeploy whistle-blower Colonel Kobus Roos in a similar position to the one he was in before he was redeployed.

Matsetela said the resource allocation guide (RAG) approved for the 2011/12 financial year showed there were three posts in the police crime intelligence unit at level 12 - the unit and level at which Roos sought to be redeployed.

However, the RAG did not specify whether the three posts were filled, vacant, funded or unfunded.

Judge Benita Mandy Whitcher asked Matsetela, if it was known to the court that two of the three posts at the time were filled, how would one determine whether the third post was funded.

Matsetela replied that one would have to approach the finance department to find out if a post was funded or not.

Whitcher then said: "According to you, it does exist. The question is if it's [the third post] vacant or funded."

When Whitcher further questioned Matsetela, Mokhari said Whitcher should be wary of over-stepping her role.

"Restraint is very important... your ladyship should not descend into the arena... that is not allowed," he said.

Whitcher said she would not debate the point with Mokhari, to which Mokhari said: "We are not debating it. I'm just putting it on record."

Mokhari then asked Matsetela if the 2011/12 RAG was compared with the 2013/14 fixed establishment list, which replaced the RAG in 2013, the third post was funded and if the third post existed.

Alleged corruption

Matsetela said it appeared from comparing the two that the third post in 2011/12 was not funded at the time and the third post did not exist in the 2014/15 fixed establishment list.

Roos, who has worked for the police for 26 years, was demoted by suspended police crime intelligence unit head Richard Mdluli after he exposed alleged corruption in the unit.

Mdluli removed Roos from his position as head of internal audit and placed him in the unit's inspection and evaluation division.

Roos took the matter to court. In April last year the labour court ordered the police to redeploy Roos, preferably in crime intelligence's internal audit section or, failing that, into a police internal audit unit.

The work had to be similar to that which he performed prior to his transfer to inspection and evaluation.

The court ordered that Roos had to be given preference in any application for appointment. The police were ordered to pay Roos R156 250 in compensation, and pay costs.

Roos testified on Monday that instead of being redeployed into crime intelligence, he was given a much lower-level auditing job at the police's head office. He shared an office with a junior official and had lost the benefit of using a state car.

Roos and Solidarity have argued that there were three positions in the crime intelligence's internal auditing office, but he was not given one of these jobs.

The police have denied this.

Read more on:    police  |  richard mdluli  |  johannesburg

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