The board led by Thato Minyuku had not held a single annual general meeting in its three year tenure. File Image.
The South African Maritime Authority (SAMSA) has come under the spotlight from labour and civic society after the expiry of the last Board's tenure last month without the resolution of an over two year investigation into its Chief Operations Officer while the entity has not had a permanent CEO in the last six years.
The board led by Thato Minyuku had not held a single annual general meeting in its three year tenure with infighting costing South Africa a seat on on the International Maritime Organisation (IMO) Council after failing to campaign for enough seats to keep it in the prestigious council, which makes decisions on marine practices the world over.
The three ejected executives, COO and chief executive incumbent Sobantu Tilayi, company secretary Moyahabo Raphadu, and chief human capital officer Lesego Mashishi, were placed on precautionary suspension with pay from April 26, 2021 amid allegations of misconduct.
The United National Transport Union (UNTU) has said it was concerned over the ongoing investigation launched in 2021, which was eating into SAMSA’s budget in legal fees as Tlayi alone had been paid over R6 million while on suspension, as well as the other two officials, while executives brought in had to be paid and lengthy legal processes were embarked on.
Untu's General Secretary Cobus van Vuuren said it remains concerned about SAMSA's urgency in concluding this matter, especially when the forensic investigation into Tilayi was already completed last year and this delay was concerning, particularly given SAMSA's less than ideal financial position over the last few years.
"UNTU urges a speedy conclusion to this investigation so that SAMSA can operate efficiently and fulfil its mandate fully, in a cost-effective manner, as wasteful expenditures such as paying salaries for three individuals for two years while they are not working is the opposite of that. It is imperative SAMSA addresses this matter in a timely and appropriate manner, prioritising the interests of the organisation and those of the country as a whole," Van Vuuren said.
SAMSA has a staff compliment of 321 individuals and a total revenue of R585.2m according to the 2021/2022 Annual Report.
The Organisation Undoing Tax Abuse (OUTA) has pressed the Parliament's Portfolio Committee on Transport to bring a resolution to the issue which has been on the table since 2016, with the SAMSA board and the Minister for Transport instructed to appoint a permanent CEO to no avail.
"For stability and good governance, it is crucial that public entities have good and competent leadership. The CEO is of utmost importance and provides strategic direction and leadership to the entity. However, SAMSA underwent a constant change in leadership. Although the SAMSA Act makes provision for an acting CEO to be appointed for 12 months, when abused, it creates instability and insecurity," OUTA said in a letter to Parliament.
SAMSA last year appointed Morar Incorporated to look into a litany of complaints brought by the Disabled People of South Africa (DPSA), which included that Tilayi demanded that a 10% shareholding be transferred to a company of his choice before he would grant the company a bunkering licence, and that the chairperson of SAMSA then deliberately stalled and frustrated any investigations into this matter.
It said the HR executive and the company secretary were abusing their powers, the Acting CEO did not divulge that he had been fired at the Transnet National Ports Authority (TNPA) for financial misconduct when he was appointed by SAMSA.
The DPSA alleged that Tilayi fired the CFO on false allegations, that he falsely reported that the Commission for Conciliation Mediation and Arbitration (CCMA) found in SAMSA’s favour and confirmed the CFO’s dismissal when the CFO was reinstated by the CCMA.
The HR Executive ignored the CCMA decision and appointed a new CFO resulting in wasteful expenditure for SAMSA.
On 8 April 2022, Morar submitted its forensic investigation report to the Chairperson of SAMSA.
Morar found that several of the allegations raised against the implicated officials to be true and recommended that disciplinary action should be taken.
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