Latest news with #PublicServiceAct
IOL News
4 days ago
- Politics
- IOL News
Labour law expert questions constitutionality of Police Minister's paid leave
Police Minister Senzo Mchunu accepts his special leave by President Cyril Ramaphosa. Image: IOL Graphics Labour law expert, Advocate Bo Dlamini, says President Cyril Ramaphosa's decision to place the embattled Police Minister Senzo Mchunu on paid leave may be unconstitutional and wasteful. This comes as taxpayers are set to bear a heavier financial burden following the announcement that Mchunu, who has been placed on special leave, will continue to earn his full annual salary of R2.69 million. This is in light of a presidential commission of inquiry announced by Ramaphosa, which could take between three to six months to conclude. Despite being off duty, Mchunu will continue to earn his full annual salary of R2.69 million, which translates to approximately R224 166.67 per month. During the inquiry period, Professor Firoz Cachalia from Wits University has been appointed to act as the interim Minister of Police. While Cachalia's exact remuneration package has not been officially confirmed, it is expected that he will receive a ministerial-level salary during his acting term. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Dlamini said since ministers are not appointed under the Public Service Act, it is unclear where the president based his decision to give Mchunu a leave of absence, saying it was even worse that the leave may take up to a year, which is unusual for ministers and it can constitute a wasteful expenditure. He further stated that although ministers' appointments are not regulated by labour laws, the president, in a supervisor-subordinate relationship, could have suspended the minister instead of granting him a leave. 'Ramaphosa was supposed to suspend Mr Mchunu and appoint an independent tribunal to investigate the two violations of the Constitution within three months and make a report with recommendations,' said Dlamini. He said Mchunu may have violated Section 207 of the Constitution, which deals with roles of the National Commissioners and Provincial Commissioners in controlling and managing the SAPS, adding that this clause clearly forbids Mchunu from disbanding the political task team unit which could have been done by the National Police Commissioner, Lieutenant-General Fannie Masemola. Dlamini further stated that there is another piece of prima facie evidence that Mchunu lied in Parliament by stating that he didn't know Brown Mogotsi, but later on admitted knowing only as a "comrade". Dlamini said another minister should have been appointed to act in Mchunu's place to protect taxpayers' money instead of appointing a new acting minister who will enjoy added benefits while Mchunu enjoys the same perks sitting at home. With the Police Ministry already bloated with two deputy ministers and costing taxpayers millions of rand in salaries and ministerial perks, there has been a public outcry over the president's decision to place Mchunu on a long paid leave and appointing acting Minister outside the Cabinet. This means taxpayers will foot the bill for four political heads of one department. Opposition parties also questioned the president's decision to appoint commissions instead of utilising the existing crime fighting state institutions such as the Special Investigations Unit. Addressing the nation on Sunday, the president defended his decision to appoint a non-Cabinet member to act by quoting Section 91(3)(c) of the Constitution, which allows the president to appoint not more than two ministers outside the National Assembly. However, the same Section is silent on appointing acting minister outside the National Assembly. Deputy ministers could not also be appointed to act since they are not part of the Cabinet. Cape Times
IOL News
5 days ago
- Politics
- IOL News
Labour law expert challenges Police Minister Mchunu's paid leave
A labour law expert says Police Minister Senzo Mchunu's paid leave may be unconstitutional and may constitute a wasteful expenditure. Image: Jacques Naude / Independent Newspapers A labour law expert, Advocate Bo Dlamini, said President Cyril Ramaphosa's decision to place the embattled Police Minister Senzo Mchunu on paid leave may be unconstitutional and wasteful. The expert was weighing in on a continued public debate on whether the president did not violate the Constitution when giving a minister a leave of absence instead of a suspension. Dlamini said since ministers are not appointed under Public Service Act, it is unclear where the president based his decision to give Mchunu a leave of absence, saying it was even worse that the leave may take up to a year, which is unusual for ministers and it can constitute a wasteful expenditure. He further stated that although ministers' appointments are not regulated by labour laws, the president, in a supervisor-subordinate relationship, could have suspended the minister instead of granting him a leave. 'Ramaphosa was supposed to suspend Mr Mchunu and appoint an independent tribunal to investigate the two violations of the Constitution within three months and make a report with recommendations,' said Dlamini. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ He said Mchunu may have violated Section 207 of the Constitution, which deals with roles of the National Commissioners and Provincial Commissioners in controlling and managing the SAPS, adding that this clause clearly forbids Mchunu from disbanding the political task team unit which could have been done by the National Police Commissioner, Lieutenant-General Fannie Masemola. Dlamini further stated that there is another piece of prima facie evidence that Mchunu lied in Parliament by stating that he didn't know Brown Mogotsi, but later on admitted knowing only as a "comrade". On a possible wasteful expenditure, Dlamini said another minister should have been appointed to act in Mchunu's place to protect taxpayers' money instead of appointing a new acting minister, Firoz Cachalia, who will enjoy added benefits while Mchunu enjoys the same perks sitting at home. With the Police Ministry already bloated with two deputy ministers and costing taxpayers millions of rand in salaries and ministerial perks, there has been a public outcry over the president's decision to place Mchunu on a long paid leave and appointing acting Minister outside the Cabinet. This means taxpayers will foot the bill for four political heads of one department. Opposition parties also questioned the president's decision to appoint commissions instead of utilising the existing crime fighting state institutions such as the Special Investigations Unit. Addressing the nation on Sunday, the president defended his decision to appoint a non-Cabinet member to act by quoting Section 91(3)(c) of the Constitution, which allows the president to appoint not more than two ministers outside the National Assembly. However, the same Section is silent on appointing acting minister outside the National Assembly. Deputy ministers could not also be appointed to act since they are not part of the Cabinet.
GMA Network
5 days ago
- Business
- GMA Network
DICT defends Konektadong Pinoy Act, welcomes dialogue
The Department of Information and Communications Technology (DICT) on Tuesday addressed several issues concerning the Konektadong Pinoy Bill, saying it welcomes the public dialogue surrounding the measure, which is now awaiting the President's signature. In a statement, the DICT said it acknowledges the concerns raised by various stakeholders regarding potential regulatory and cybersecurity risks. 'We affirm our shared commitment with civil society, industry, and government partners to uphold national security, consumer protection, and universal access to secure, affordable, and reliable internet,' the ICT Department said. The agency, moreover, issued clarifications to address pressing issues on the Konektadong Pinoy bill. 'The DICT will never allow deregulation at the expense of security or public interest. The Konektadong Pinoy Bill does not weaken the role of the National Telecommunications Commission (NTC),' it said. 'On the contrary, it modernizes and strengthens NTC's mandate to respond faster and more effectively to digital-age challenges — including the ability to issue compliance directives on cybersecurity, quality of service, and fair competition under streamlined frameworks,' it added. The DICT further said that it is already preparing complementary Implementing Rules and Regulations (IRR) that explicitly reinforce the NTC's role as the technical regulator with teeth — not just a passive licensing body. On the issues of foreign ownership and national security, the ICT Department stressed, 'National security is a non-negotiable priority.' 'The DICT, in coordination with national security agencies, will ensure that no foreign-controlled entity gains access to critical digital infrastructure without undergoing multi-layered vetting and continuous monitoring,' it said. 'The bill introduces open access within defined segments — particularly the middle mile and last mile — to address the broadband gap. But backbone and core infrastructure remain governed by existing ownership and security laws, including the Public Service Act and Cybercrime Prevention Act,' it added. Critics of the measure, including the Philippine Chamber of Telecommunications Operators (PCTO), composed of the country's leading telcos, and the Philippine Association of Private Telecommunications Companies (PAPTELCO), have flagged security issues as it would allow new entrants to not require a legislative franchise. Under the measure, new data transmission players are no longer required to secure a legislative franchise or Certificate of Public Convenience and Necessity (CPCN). Meanwhile, cybersecurity stakeholders — Women in Security Alliance Philippines (WiSAP), Scam Watch Pilipinas, BPO Security Council, PhilDev S&T Foundation, and the Philippines CIO Association — urged President Ferdinand Marcos to address the cybersecurity risks found in the Konektadong Pinoy Bill either 'through a veto with recommendations, immediate amendments post-enactment, or complementary executive actions.' The DICT addressed issues on the removal of the legislative franchise requirement in the bill, saying it 'was carefully deliberated to accelerate deployment in underserved areas, especially in remote provinces.' 'It does not apply to telcos.' 'The DICT emphasizes that all entities must still secure proper permits, undergo security reviews, and be subject to the oversight of DICT and its attached agencies,' it added. The agency said that there will be no 'grace period' for negligence. 'The three-year clause cited in the bill refers only to minimum standards for legacy compliance, not to active threat management. All new entrants will be required to comply with baseline cybersecurity controls before operations begin, under the direct supervision of the DICT and the Cybercrime Investigation and Coordinating Center (CICC),' the DICT said. The ICT Department said it is actively consulting with legal, civil society, and cybersecurity partners 'as we finalize the IRR and bicameral inputs.' 'We invite groups to submit position papers, recommend safeguards, and participate in our technical working groups. This law is not an endpoint — it is a starting point for deeper reform, built on transparency, accountability, and collaboration,' it said. The agency said that it is reaffirming its 'core objective,' which is 'to make the internet a right, not a privilege.' 'We are open to better ideas. But we must act decisively and together—because every day without action is another day of digital exclusion for millions of Filipinos. Let's connect the country—securely, inclusively, and responsibly,' the DICT said. — BAP, GMA Integrated News
IOL News
08-07-2025
- Politics
- IOL News
'It was only flirtatious' - Eastern Cape Judge President tells Tribunal
Eastern Cape Judge President Selby Mbenenge attending the tribunal. Image: Office of the Chief Justice / N Mabusela Eastern Cape Judge President Selby Mbenenge said the claims by a judge's secretary that he tried to solicit oral sex from her in chambers never happened, and that the allegations are malicious and hurtful. Judge Mbenenge took the stand on Monday in the Judicial Conduct Tribunal's sexual harassment probe against him. Judge's secretary Andiswa Mengo claimed that Judge Mbenenge had made unwanted sexual advances towards her. These include that on either November 14 or 15, 2022, he called her into his office and tried to solicit oral sex from her by attempting to open the zip of his pants. Mbenenge said that he hoped that he did not need to answer to these allegations, as they were all lies and never happened. He said that if proper investigations were done by the evidence leader of the tribunal prior to the hearing, he would not have needed to answer to these allegations. Mengo earlier testified that the sexual advances made by the judge president towards her in his chambers happened in the afternoon and she said his secretary was not there at the time. But Judge Mbenenge said the court's laptop register showed that on November 14, Mengo left the court building before his secretary. He testified that on that day he only saw Mengo briefly that morning when he commented on her court attire and he did not see her again. The following day he was only at court until noon, when he left. The judge president also used the tracker records of his state-issued vehicle to prove his movements on those days. Judge Mbenenge also vehemently denied that he had ever sent Mengo any pictures of his private parts. 'I have never sent any picture of my body part to her. It is a lie,' he told the tribunal. In responding to questions by his counsel Advocate Griffiths Madonsela at the start of the proceedings as to how he valued women, Mbenenge denied that he saw women as objects of lust. 'These labels are hurtful,' he told the tribunal. Judge Mbenenge said that adults are free to engage in any relationship, as long as it is mutual, adding that he is not concerned about any age difference. Regarding his "flirtatious" conversations with Mengo, he explained that the way he understood flirtation is that it is a playful way of interacting with someone you are interested in. 'This is what happened in this instance,' he said. Asked about having a relationship with someone of a lower standing, Judge Mbenenge responded that judges are human beings. Much is said about the power dynamics, Judge Mbenenge said, but explained that Menge is employed in terms of the Public Service Act and that he is not her employer. Judge Mbenenge said that since being labelled a 'sex pest', he has gone through a lot. 'It was painful,' he said, but added that nobody is perfect. With the 'dark cloud' hanging over his head, he came to realise his imperfections. 'I had to embrace that and soldier on.'
IOL News
07-07-2025
- Politics
- IOL News
Eastern Cape Judge President defends claims of sexual harassment
Eastern Cape Judge President Selby Mbenenge on Monday gave his version to the JSC tribunal regarding accusations of sexual harassment against him. Eastern Cape Judge President Selby Mbenenge said the claims by a judge's secretary that he tried to solicit oral sex from her in chambers never happened, and that the allegations are malicious and hurtful. Judge Mbenenge took the stand on Monday in the Judicial Conduct Tribunal's sexual harassment probe against him. Judge's secretary Andiswa Menge claimed that Judge Mbenenge had made unwanted sexual advances towards her. These include that on either November 14 or 15, 2022, he called her into his office and tried to solicit oral sex from her by attempting to open the zip of his pants. In defending these allegations, Mbenenge said that he hoped that he did not need to answer to these allegations, as they were all lies and never happened. He said that if proper investigations were done by the evidence leader of the tribunal prior to the hearing, he would not have needed to answer to these allegations. Menge earlier testified that the sexual advances made by the judge president towards her in his chambers happened in the afternoon and she said his secretary was not there at the time. But Judge Mbenenge said the court's laptop register showed that on November 14, Menge left the court building before his secretary. He testified that on that day he only saw Menge briefly that morning when he commented on her court attire and he did not see her again. The following day he was only at court until noon, when he left. The judge president also used the tracker records of his state-issued vehicle to prove his movements on those days. Judge Mbenenge also vehemently denied that he had ever sent Menge any pictures of his private parts. 'I have never sent any picture of my body part to her. It is a lie,' he told the tribunal. In responding to questions by his counsel Advocate Griffiths Madonsela at the start of the proceedings as to how he valued women, Mbenenge denied that he saw them as objects of lust. 'These labels are hurtful,' he told the tribunal. Judge Mbenenge said that adults are free to engage in any relationship, as long as it is mutual, adding that he is not concerned about any age difference. Regarding his "flirtatious" conversations with Menge, he explained that the way he understood flirtation is that it is a playful way of interacting with someone you are interested in. 'This is what happened in this instance,' he said. Asked about having a relationship with someone of a lower standing, Judge Mbenenge responded that judges are human beings. Much is said about the power dynamics, Judge Mbenenge said, but explained that Menge is employed in terms of the Public Service Act and that he is not her employer. Judge Mbenenge said that since being labelled a 'sex pest', he has gone through a lot. 'It was painful,' he said, but added that nobody is perfect. With the 'dark cloud' hanging over his head, he came to realise his imperfections. 'I had to embrace that and soldier on.' In testifying about their flirtatious WhatsApp conversations, Judge Mbenenge said there was no time during their conversations that he sensed she felt uncomfortable. 'She played along; there was never any no.' He asked the tribunal to see their flirtatious exchanges, including the emojis they exchanged, in the context of two Xhosa people conversing with each other. 'It is highly embarrassing for me to talk about this… We are not dealing with a romantic relationship; it was only flirtatious,' Judge Mbenenge said, explaining that it was all just 'playful' interaction.
