The department said an investigator did not recommend any disciplinary action against Collen Msibi.
An independent investigation found a senior transport department official acted improperly by allegedly submitting an anonymous complaint against a subordinate under the guise of whistle-blowing. Picture: X/@Dotransport
An official is accusing the department of transport’s top management of protecting his boss after an independent investigation found the latter acted unethically in allegedly masquerading as a whistle-blower to target him.
The dispute centres on an anonymous complaint submitted to the department regarding director of research and content development Esethu Hasane’s participation in a protest against the formation of the government of national unity.
Investigation traces complaint to senior manager
According to an external investigation, the complaint was purportedly submitted by a whistle-blower but was later traced to his boss, chief director of communications and national spokesperson, Collen Msibi.
The investigation found Msibi drafted and submitted the anonymous complaint himself, despite having managerial authority to deal directly with any concerns relating to Hasane’s conduct.
According to the report, the Protected Disclosures Act protects employees who disclose unlawful or unethical conduct in good faith.
But it does not extend protection to individuals who knowingly submit false or malicious complaints.
Investigators concluded that Msibi’s actions amounted to misconduct as he had knowingly submitted a false anonymous complaint while presenting it as a protected disclosure.
Findings point to possible retaliation
The report further found that his conduct was unethical because, as Hasane’s manager, he had the authority to address any alleged misconduct through established disciplinary channels.
The report also questioned Msibi’s motives, noting he approved Hasane’s leave for the day of the protest but later relied on the same incident as the basis for the anonymous complaint.
His actions, the report found, suggested ulterior motives. The investigation also found Msibi’s comments portraying Hasane as a poor performer appeared retaliatory and seemed to support Hasane’s fears his manager was trying to force him out.
The report describes a “clear indication” Msibi would be pleased if Hasane left the department.
Department accused of failing to act
Despite the findings, Hasane claims the department failed to act against Msibi.
In a disclosure submitted under the Protected Disclosures Act, Hasane points out the department’s own whistle-blowing policy mandated immediate disciplinary action after the findings against Msibi.
The department said the investigator did not recommend any disciplinary action against Msibi.
Adam Masombuka, acting director-general for corporate affairs, said Hasane referred the issues to the public protector, Public Service Commission and the court.
“In all instances Hasane was unsuccessful.”
