More staff turmoil for ICASA

By Damaria Senne, ITWeb senior journalist

Johannesburg, 11 Jan 2007

Former Independent Communications Authority of SA (ICASA) CFO Bridget Mohlala, accused of stealing R110 000 from a safe at the regulator's offices in 2005, may soon be formally charged, says Edmund Baloyi, an ICASA advisor.

Mohlala, who previously worked as head of finance for the Scorpions before joining ICASA as CFO, resigned in November 2005 amid allegations that she was the chief suspect in the theft.

The Randburg Prosecuting Authority is currently reviewing the case and a decision will be made whether there is enough evidence to prosecute Mohlala, confirmed investigating officer inspector Sipho Nkosi, of the Bramley SAPS.

Mohlala was arrested last year and was released on her own cognisance, following a statement from her legal representatives regarding her version of events, says Nkosi.

Usual legal practice dictates that a suspect's name is not publicly revealed in the media until official charges have been laid. However, several other media outlets have already disclosed Mohlala's name.

ICASA CEO Jackie Manche also got flak from the media for allegedly failing to report the theft on time. Several media outlets also claimed that an internal investigation that Manche instituted was inadequate.

Exit Manche

Meanwhile, ICASA will soon launch a search for a new CEO, as Manche resigned, with immediate effect, in December.

Manche resumed her duties in September last year, following a November 2005 cautionary suspension due to an alleged violation of the Public Finance Management Act, the ICASA Act and ICASA's policies and procedures. She resigned before the regulator's disciplinary action was completed.

"With her decision to resign, [the ICASA] council has decided not to continue with the protracted disciplinary process, and all charges placed against Ms Manche have been withdrawn," ICASA said in a media statement issued in December.

At the time of the suspension, spokesman Jubie Matlou said ICASA was instituting a forensic investigation as a clear indication that the authority would not tolerate any form of corruption, fraud, theft and improper conduct within its ranks.

"The authority is taking stakeholders and the South African public in its confidence by taking this swift step on this matter. The establishment of an internal forensic unit would help beef up existing systems," he said.

ICASA media relations manager Sekgoela Sekgoela says the CEO post will be advertised in due course. An acting CEO will be appointed once the people involved are back from leave, he notes.

Legal view

Tim Mills, a lawyer with Cliffe Dekker Attorneys, who is not involved with this particular issue, notes that from a legal standpoint there is nothing to stop an employee from leaving his/her employment, pending outcome of disciplinary action.

The employer has prerogative to begin disciplinary action where dishonest action is suspected, and it is also up to the employer to decide whether to continue with said disciplinary action, should the employee choose to resign before the matter is finalised, he says.

However, the employer may choose to pursue the matter in order to determine how the alleged illegal action took place from an investigative point of view, so as to plug potential leaks, he notes.