Nehawu challenges NPA over “missing” and “ignored” statements as charges against Limpopo senior official withdrawn

FRAUD charges against a senior official in the Limpopo premier’s office have been withdrawn, with the National Education Health and Allied Workers Union (Nehawu) accusing the National Prosecuting Authority (NPA) of “deliberately” collapsing the case.

The fraud charges against Mbobole Michael Maseko related to his alleged misrepresentation of qualifications when he was appointed senior manager for human resources. He was arrested in April this year and was out on bail of R25 000.

Nehawu branch in the premier’s office, which was responsible for laying a complaint with the Hawks in 2020, has since written a letter to the head of National Prosecuting Authority (NPA) in Limpopo, Adv Ivy Thenga, on the withdrawal of the case.

In the letter, branch secretary, Ndivhuwo Madzusa, said the state prosecutor consulted the union on 31 May 2024 – days before the scheduled appearance in court on 14 June 2024 by the accused.

During the consultation, it emerged that an A1 statement deposed by key witness, Norman Mavhunga, was not part of the docket. Mavhunga deposed the statement when he was still an employee at the premier’s official and union official.

The A1 statement is relatively regarded as the basis of any case.

He said this was despite the fact that the investigating officer had confirmed that the A1 statement of Mavhunga was part of the docket handed over to the NPA.

He was adamant that the union, as the complainant in the matter, was conversant with the docket. He said it contained statements also deposed by officials from the Commission for Conciliation, Mediation and Arbitration (CCMA), Sekhukhune TVET College and the SA Democratic Teachers Union (Sadtu).

“….statements of which confirmed that Mr Mbobole Michael Maseko made misrepresentations of a material nature by claiming qualifications which do not exist, positions which he never held and experience which was inexistent and even overexerted.

“It is our considered view that the designated state prosecutor completely disregarded these statements, unless convinced otherwise, and put reliance on statements/affidavits of the accomplices of the accused who in this instance were supposed to be charged for their role in the crime,” Madzusa said.

He said the statements from the CCMA, Sekhukhune TVET College and Sadtu favour the NPA to proceed with the case.

In his curriculum vitae (CV), Maseko is alleged to have stated that he obtained a Commissioner’s Diploma from the CCMA. The CCMA has disputed, saying it was not an accredited institution to offer such a qualification.

Maseko also allegedly stated that he was once the head of human resources at Sekhukhune TVET College, and that he was the provincial secretary of Sadtu n Limpopo for the period 1990 to 1995.

Both Sekhukhune TVET College and Sadtu have disputed this in their statements contained in the docket.

NPA provincial spokesperson, Mashudu Malabi-Dzhangi, promised a detailed response at a later stage.

Maseko, who remained on duty during the legal process, has steadfastly maintained his innocence since the matter came to surface.

The matter dates back to 2012 when a position of senior manager for human resource in the premier’s office was advertised and 143 candidates applied. Seven of the 143 candidates were shortlisted and interviewed.

Amongst those interviewed was Moipone Mathole who was already an employee in the premier’s office. She obtained the highest score.

However, the post was re-advertised with 72 applications received, and four candidates were shortlisted and interviewed. Mathole re-applied, but was not shortlisted nor invited for an interview.

However, she was sent for a competency test together with Maseko who was later appointed to the position.

Mathole then approached the General Public Service Sector Bargaining Council which ordered the premier’s office to pay her an equivalent of 12 months’ salary.  The salary for the post at that time was R1,4m per annum.

In its judgement, the council described the saga as “mind boggling”.

It was then that Nehawu raised allegations of false academic qualifications and related matters against Maseko.