Referred to as: applicant · Mokwele · Applicant
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The applicant stated in her application that she was still busy completing her MBA and would only complete it in the future.
“she did say that she is still busy with the MBA and she will only complete it”
At the time of submission of the application, the applicant did not have the MBA qualification and said so in her CV.
“at the time of submission , she did not have it and she said so in her CV”
The applicant listed only three qualifications as relevant to the job application, specifying that she was relying only on those for the application to SAPS.
“in her job application on page 263 , the only three qualifications she lists as being relevant to her application . ... for the purposes of my application , you need only look at these set two”
The project management certificate and MBA were clarified and an affidavit was obtained from Stellenbosch University confirming the MBA was to be finalized later.
“The fact that she has a project management certificate was clarified and an affidavit was obtained from Stellenbosch University”
The applicant was not relying on the project management qualification to apply for the position.
“she was not relying on that qualification to apply for this position”
The educational qualifications were considered in scoring in the interview, and it was necessary to certify them.
“when the panel members are scoring , they consider the educational qualifications of applicants ... we needed to certify ... in case they were taken into consideration when the panel was marking”
If an applicant relies on qualifications that were not required, it can amount to fraud.
“if the panel takes additional things into consideration , the applicant can be accused of fraud”
The applicant made no misrepresentation with regards to project management certificate and MBA in the charge sheet.
“I do not think there was any misrepresentation that was alleged in the charge sheet regarding the project management and the MBA”
The applicant made misrepresentations in her CV that amount to fraud.
“she also made misrepresentations in her CV”
The applicant claimed to be a middle manager at BMW since 2016-2017, but affidavits from BMW state she was never a manager or supervisor there, amounting to misrepresentation.
“she says in her CV , I have been a middle manager in BMW since , I think she says 2016 or 17 ... affidavits from BMW ... both of them say Mokwele was never a manager in BMW”
The applicant's claim in her CV that she saved over one million in IT security project costs and reduced maintenance costs was not confirmed by BMW and viewed as misrepresentation.
“on the last page of the CV, under accomplishments ... she saved over one million in IT security project costs ... BMW cannot confirm that ... then she is making a misrepresentation”
The CV qualifications were verified and found to be present; no issue with the qualifications themselves.
“all the qualifications that she listed in her job application and CV have actually been verified ... the qualifications are there and there is no issue with them”
BMW provided witness statements that the applicant was never a manager or supervisor there, contradicting her CV's claim of managerial experience, raising concerns about her shortlisting for the position requiring three years managerial experience.
“witnesses from BMW, Human Resource and immediate supervisor ... both would have said to the Court, she was never a manager ... how is she then shortlisted if one looks at the requirement of three-year managerial experience”
A person was colluding with one of the panel members, Ncube, to manipulate application vetting processes by submitting a late application which should have led to disqualification.
“She is colluding with one of the panel members, at least Ncube. If an application was received late by a day, it ought to have been disqualified. She is colluding with all of them. They conspired to commit corruption based on the evidence that was before me”
A panel member took an outsider applicant through the vetting process a day before interviews, misleading the system and facilitating a fraudulent application process.
“Now she meets with one of the panel members the day before the interviews and taken through this, and she submits an application, and the application is processed.”
The applicant alleges that the evidence leader failed to investigate issues related to Section 252(A) operations, informant matters, and procurement irregularities, focusing too much on specific individuals such as Mr Suleiman and overlooking other evidence, including that about purchases of properties in the names of private individuals.
“the applicant makes a reference to credible information that he had made available to the evidence leader and leads thereto. And his take is that these issues, which he sees as important issues, have not been given sufficient investigative attention. And what is happening is that the interest has been directed towards specific individuals [Suleiman]. And further, there is also evidence that came to the Commission regarding the purchase of certain properties in the name of private individuals, and that has also been overlooked.”
The apprehension of bias depends also on the applicant's perception of the contents of discussions in the telephone calls, and based on that, the Commission may be in a position to rule on bias.
“based on how the applicant perceives in his mind what the contents of these discussions are, then the Commission can be in a position to make a ruling as to whether or not there is an apprehension of bias.”
The City of Tshwane is ordered to pay the applicant's costs, with the cost of 21 October 2021 to be taxed on the unopposed scale.
“The respondent is ordered to pay the applicant's cost, save that the cost of the day in respect of 21 October 2021 will be taxed on the unopposed scale.”
When the City of Tshwane communicates with an applicant about employment, that communication is between the City and the applicant only.
“When an applicant applies to the City of Tshwane for employment, that is an issue between that applicant and the City of Tshwane.”
Correspondence between the City of Tshwane and a job applicant does not involve Sergeant Nkosi; it is strictly between the City and the applicant.
“Any correspondence between the City of Tshwane and that applicant will be between those two parties.”