Durban - The DA is threatening to get the Public Protector Thuli Madonsela to look into the appointment of Ndoda Biyela as chief financial officer of the KwaZulu-Natal health department.DA health spokesperson Dr Imran Keeka said on Tuesday that the move to approach the Public Protector had been prompted by the uncertainty as to whether Biyela had in fact been appointed or been dismissed.Biyela was appointed in February, but when the news of his appointment made the headlines at the end of March, the province’s Health MEC Sibongiseni Dhlomo distanced himself from the appointment, claiming that Biyela’s appointment was illegal. He further claimed that the appointment had been carried out by the former health department boss Dr Sibongile Zungu without his knowledge.Biyela’s appointment was controversial because he was suspended last year as chief financial officer of the Gauteng health department, pending an investigation into tender irregularities related to the ordering of linen.Both Zungu and Biyela claimed that his appointment was legitimate and last month KwaZulu-Natal health spokesperson Sam Mkhwanazi said: "The Department is following processes as per section 5(7)(a) of the Public Service Act, 1994, in having the appointment nullified. These processes are to be finalised by Friday, April 24 2015."However, Keeka said on Tuesday that Biyela was still reporting to work.“Sources confirm that Mr Biyela is presenting himself for work. This in spite of an earlier statement by the MEC that he would not be allowed to set foot in the department’s office.”Comment could not immediately be obtained from the health department.The department’s website lists S Mkhize as acting chief financial officer. He was in a meeting when News24 tried to contact him at the number listed on their website.