Motsoaledi backtracks on Home Affairs' ultimatum to remove
illegal immigrant councillor from
payroll
News 24 - 04 August
2021
* *Aaron Motsoaledi
has distanced himself from an official in his department who instructed a municipality to
remove a former mayor from its payroll.*
* *Nthateng Maoke,
former mayor of the Setsoto Local Municipality, was found to be in the country
illegally, but continues to be paid as a councillor.*
* *The home affairs
official gave the municipality an ultimatum to remove Maoke from its payroll.*
Home Affairs Minister Aaron Motsoaledi has distanced himself
from two letters written by a subordinate who issued an ultimatum to the embattled
Setsoto Local Municipality to remove former mayor Nthateng Maoke from its
payroll because she has been found to be in the country illegally.
Maoke continues to draw a salary as an ordinary councillor
despite having been found to be in South Africa illegally.
Nolwandle Qaba, home affairs' acting chief director for
inspectorate immigration services, wrote two letters to Setsoto council speaker
Krog Mokhuoane on 25 May and 10 June 2020. In the letters, he cautioned the municipality,
saying that its continued employment of Maoke was a violation of the
Immigration Act because home affairs had found during an investigation in 2019
that she was a Lesotho national.
She said home affairs would take legal action against the
municipality if it did not comply and remove Maoke from its payroll.
One of Qaba's letters read:
Mrs Maoke is an illegal foreigner and the review before the
court does not suspend the decision taken by the department… You are,
therefore,instructed in terms of section 36 of the Immigration Act 13 of 2002
to initiate the process of terminating her employment with immediate effect,
failure of which will leave the department with no choice but to take further
legal action against the council for employing an illegal foreigner.
However, in a letter written to the municipality that
surfaced this week, Motsoaledi renounced the strong stance of his subordinate
and informed Mokhuoane that Qaba's two letters were not "sanctioned nor approved
by any competent authority within the Department of Home Affairs".
The minister went on to say that Maoke's case was still
pending before the High Court, with the Department of Home Affairs opposing it.
He said as such, his department did not want to make any rush proclamations.
"The Department of Home Affairs merely took steps to
inform you (the municipality) of the (citizenship) status of Ms Maoke.
As to the [course] of action to be taken by the
municipality, that is entirely in your hands," read Motsoaledi's letter to
the municipal speaker. When contacted by News24, Motsoaledi's spokesperson,
Siyabulela Qoza, said the minister was in a Cabinet meeting, hence he was
unable to onsult with him and verify the authenticity of the letter. His
comment will be added once received.
Three council members who spoke to News24 have confirmed
that the speaker informed them of the contents of the minister's letter.
An ANC councillor said:
Qaba's letter had given the council ammunition to finally do
the honourable thing and ask Maoke to step aside even from the council duties
that she retained after resigning as mayor. That same strong stance by Qaba had
given council members, both from the ANC and the opposition, the will to also
try and stop her from receiving remuneration until such a time as she wins her
High Court challenge.
Another councillor criticised home affairs' contradictory
stance, saying Motsoaledi's communication was "creating doubt on whether
the Department of Home Affairs is serious about rooting out senior government
officials who have attained citizenship illegally".
"We are aware that the head of the human settlements
department in Mpumalanga (Kebone Masange) was also being investigated for
having fraudulently received... citizenship, but instead of finality being brought
to the matter, the director of law enforcement and special investigation in the
immigration inspectorate (advocate Amanda Ledwaba),who was investigating the
matter, was mysteriously suspended (on 14 September 2020)," another ANC
councillor said.
"It seems like this is what is happening now with Qaba,
as the minister appears to be throwing her under the bus and suggesting that
she was...sending out communication in a rogue manner without approval from her
seniors," the councillor added.
Mokhuoane did not respond to questions sent by News24.
Maoke, who was the small Free State municipality's ANC mayor
from September 2016, unceremoniously resigned from her position in December 2019
after she was accused of being in the country illegally and obtaining her South
African ID fraudulently. She only resigned as mayor and retained her position
as councillor.
Opposition parties the DA, EFF and the United Front of
Civics then opened a case of fraud against her. The parties demanded that she
return all the money she had earned from her government position.
She has since continued to draw a salary because she lodged
a court review against the department regarding her citizenship status.
As an executive mayor, Maoke was being paid just more than
R500 000 a year. As an ordinary councillor, she earns an annual salary of about
R300 000.
www.samigration.com