Outrage as Joburg hires ‘high-risk’ Public Safety chief

The appointment on Wednesday, 26 August, of former Gauteng Health boss Lesiba Malotana to move the City of Johannesburg’s highly effective Public Safety Department has sparked outrage after the City’s safety screening discovered that he posed a “potential security risk for the City of Joburg”.

Malotana’s appointment was accredited on the City’s month-to-month council assembly on Wednesday after a DA try and postpone the choice till he had been cleared of the excellent issues was defeated.

According to DA Johannesburg shadow MMC for Public Safety Solly Maila, who submitted the postponement movement, the appointment was supported by the ANC, EFF, Patriotic Alliance and Al Jama-ah coalition, and opposed by the DA, Freedom Front Plus, SACP and ActionSA.

Malotana, a former head of the Gauteng Department of Health (DoH), involves Johannesburg with a controversial historical past. He was suspended by Gauteng Premier Panyaza Lesufi in October final yr after a Special Investigating Unit (SIU) way of life audit categorized him as “high risk” and advisable additional forensic investigation. The audit reportedly recognized greater than R1.6-million in questionable money deposits, whereas Malotana has additionally confronted separate allegations regarding Gauteng DoH procurement contracts. He has not been convicted of any felony offence or discovered responsible of misconduct.

But the City’s personal paperwork, tabled earlier than the council this week, reveal that the City recognized its most well-liked candidate as a possible safety threat – and sought exterior authorized recommendation earlier than continuing together with his appointment.

The warning emerged after the City’s Group Forensic and Investigation Services (GFIS) carried out additional screening and found that Malotana had been flagged as “high risk” by the SIU.

A second personnel suitability examine subsequently discovered “negative information which indicates a potential security risk for the City of Joburg”.

The discovering was severe sufficient for the City to acquire an impartial exterior authorized opinion on Malotana’s suitability for appointment. The authorized opinion discovered there was no authorized bar to appointing him as a result of he had not been convicted of a felony offence or discovered responsible of misconduct, however suggested the City to “proceed cautiously”.

Despite this, Malotana remained the first-ranked candidate and was advisable for appointment – forward of two different candidates whose safety screenings discovered no unfavourable data which may render them safety dangers.

Malotana’s appointment was condemned by the DA and the Joburg Crisis Alliance (JCA). The DA is getting ready a excessive court docket evaluate software to problem the appointment, and the JCA has demanded that or not it’s instantly rescinded.

“We cannot allow the City to impose this man on us. This is a permanent position, so we will be stuck with him for years,” mentioned Maila. “His appointment is not in the interests of the residents of Johannesburg, especially in such an important position as Public Safety.”

The JCA mentioned the council had acted “with its eyes wide open” regardless of the knowledge earlier than it. It mentioned the difficulty was not whether or not Malotana was responsible of any offence, however whether or not the council had exercised accountable judgement in appointing to one of many City’s strongest positions an individual dealing with unresolved integrity questions.

According to the council report, the exterior authorized opinion discovered that Malotana’s personnel suitability examine was clear in that he had not been convicted of a felony offence or discovered responsible of misconduct. The allegations towards him arose from pending investigations and had not been lastly decided by a reliable tribunal or court docket.

However, the opinion famous that the pending SIU investigation and additional vetting affected his long-term suitability and advisable that the City of Johannesburg proceed cautiously and introduce measures to handle the dangers.

Special circumstances

Those measures resulted in an unusually in depth set of “Enhanced and Additional Conditions of Appointment” making use of to Malotana.

The council report states that his appointment is conditional on him passing any excellent personnel suitability assessments, vetting processes, safety screening and integrity checks required by the City or every other authorised state establishment.

It additionally stipulates that Malotana faces disqualification if any opposed discovering emerges from the SIU or any associated forensic investigation that materially impacts his “integrity, security status, trustworthiness, or suitability” to carry the place of Public Safety head of division.

His appointment can be topic to a six-month probationary interval, which can be prolonged the place legally permissible.

During that interval, the City could evaluate his suitability based mostly on data acquired from the SIU, GFIS, legislation enforcement businesses or different competent authorities.

The circumstances additionally impose persevering with disclosure obligations on Malotana.

He should instantly inform the City of developments involving felony investigations or prices, disciplinary proceedings, findings by oversight or regulatory our bodies, SIU investigations or every other matter that might fairly have an effect on his suitability for workplace.

Failure to reveal materials data could represent misconduct and will lead to disciplinary motion or termination of his employment.

Malotana should additionally consent to additional vetting, safety screening, way of life audits, integrity assessments and suitability critiques every time the City considers them needed.

Most considerably, the City has reserved the appropriate to evaluate and doubtlessly terminate his appointment if an investigation, vetting course of or official report produces data that impacts his suitability.

The different candidates

The City’s remedy of Malotana is in sharp distinction to its evaluation of the following two ranked candidates.

Regarding second-ranked Andries Mucavele, the City discovered there was “no negative information that was detected which may render the applicant a security risk”.

The an identical discovering was recorded for third-ranked Stephen Podile.

Malotana however emerged properly forward of his rivals through the interview course of, scoring 93%, in contrast with 83% every for Mucavele and Podile and 66% for Lindokuhle Ngubane.

Both Malotana and Mucavele have been subsequently assessed as competent through the competency-assessment course of, whereas Podile was assessed at “basic proficiency” and deemed unsuitable.

The choice panel finally advisable Malotana for appointment, with Mucavele ranked second and advisable to take the place if Malotana was unable to just accept the supply.

R1.6m in questionable money deposits

The controversy surrounding Malotana intensified final yr when the SIU carried out a way of life audit into his monetary affairs.

The SIU report categorized him as “high risk” and known as for a deeper forensic investigation.

According to reporting on the audit, investigators recognized about R1.6-million in questionable ATM money deposits over three years.

The report additionally raised questions on Malotana’s financial institution accounts. He had disclosed 4 accounts, whereas data obtained from the Financial Intelligence Centre reportedly related him with six.

Investigators additionally recognized about R201,000 in inward and outward worldwide transfers which the SIU mentioned had not been disclosed through the lifestyle-audit course of.

The audit raised additional issues about allegedly undisclosed income-generating properties, a non-profit organisation and transactions involving Malotana’s enterprise pursuits.

These have been investigative findings and pink flags requiring additional investigation, moderately than findings that Malotana had dedicated corruption.

Suspension upheld by Labour Court

Lesufi suspended Malotana as head of the Gauteng DoH in October 2025 following the life-style audit and SIU investigation.

Malotana went to the Labour Court in search of to have his precautionary suspension overturned. He misplaced, and Judge Benita Whitcher dismissed the appliance with prices in November.

According to the Gauteng provincial authorities’s account of the judgment, the court docket discovered that the SIU materials contained “believable allegations of serious misconduct” and revealed “a strong, initial case”.

The court docket additionally discovered there was an actual threat Malotana might use his place to affect the investigation if he remained at work.

The ruling didn’t represent a discovering that Malotana was responsible of the underlying allegations.

Malotana returned to work after his precautionary suspension interval expired, with out disciplinary motion having been instituted inside the prescribed interval.

He was briefly deployed as a senior supervisor in Gauteng’s Cooperative Governance and Traditional Affairs Department whereas excellent processes continued.

Separate tender allegations

Malotana has additionally confronted allegations regarding Gauteng DoH procurement processes.

He was already the topic of an SIU investigation when he was appointed head of the Gauteng DoH in 2024 over allegations regarding tenders relationship again a number of years.

The allegations included claims that Malotana and two different officers acquired millions of rands in kickbacks for influencing Gauteng DoH tenders.

These allegations haven’t resulted in a felony conviction or ultimate discovering of misconduct towards Malotana.

The existence of pending investigations was among the many points the City thought-about in acquiring authorized recommendation earlier than continuing together with his appointment.

Apparent discrepancy

There is, nonetheless, an obvious discrepancy between the City’s recruitment report and the circumstances surrounding Malotana’s suspension recorded elsewhere.

The City’s report states that Malotana was positioned on three months’ precautionary suspension “due to his failure to submit documents in time”, however had since returned to work and had by no means been subjected to a proper disciplinary course of.

This contrasts with the circumstances surrounding his October 2025 suspension and the next Labour Court proceedings arising from the SIU investigation and way of life audit.

The City has been requested to clarify what paperwork Malotana allegedly did not submit and whether or not the council was knowledgeable of the complete circumstances surrounding his suspension and unsuccessful Labour Court problem.

Call for higher vetting

The JCA mentioned the appointment demonstrated why Johannesburg wanted stronger requirements of integrity and accountability in senior appointments.

Public Safety oversees vital features together with the Johannesburg Metropolitan Police Department, Emergency Management Services, site visitors enforcement and municipal legislation enforcement.

“The person leading this department must command unquestionable public confidence,” the organisation mentioned.

The JCA mentioned the council had had an apparent and accountable choice obtainable to it: await the SIU investigation to conclude earlier than making the appointment.

The organisation demanded that the appointment be instantly rescinded and known as on political events, civil society organisations and different events to look at the legality and rationality of the choice and institute authorized proceedings to have it reviewed and put aside.

It additionally known as on the City to reveal the complete threat evaluation and authorized recommendation positioned earlier than the council.

“Council has made the wrong decision. It must rescind it – and if it refuses, the decision must be challenged in court,” mentioned the JCA.

Malotana’s proper of reply

Malotana has beforehand disputed the implications drawn from the investigations towards him and has not been convicted of a felony offence or discovered responsible of misconduct.

Daily Maverick tried to ship detailed questions on to Malotana at his beforehand revealed Gauteng authorities e-mail handle, however the message couldn’t be delivered.

The questions have been subsequently despatched via the City of Johannesburg with a request that they be forwarded to him for his proper of reply. At the time of publication, no response had been acquired. DM