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.

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