Home affairs official in Bushiri saga appeals dismissal, MPs told

A home affairs chief director who was sacked for his involvement in the Shepherd Bushiri saga is not going down without a fight.

Updating MPs on the suspensions of department officials and Bushiri’s escape from SA into Malawi in November 2020, home affairs minister Aaron Motsoaledi said the official, who was charged with gross negligence and dishonesty, was dismissed on May 23.

Four junior officials are attending disciplinary hearings.

Motsoaledi said: “Pastor Bushiri was arrested by the Hawks for fraud in his church amounting to R102m and was granted bail and put under the care of police. He had to report to the police station three times per week. During that period he escaped.”

He said the department sat down to investigate the matter because it was found that Bushiri was a permanent resident in SA.

“We wanted to know how he acquired his permanent residency and how it related to the escape. We discovered that the permanent resident permit that Bushiri [and his family] had was received irregularly. They were not supposed to get them and certain officials gave it to him in what we believe was a fraudulent scheme.”

The department’s counter-corruption and security services branch finalised the investigation on December 29 2020.

Motsoaledi said the department then went after the officials for “gross dishonesty, gross negligence, noncompliance with the Immigration Act, regulations and standard operating procedures”.

The minister said the disciplinary process was finalised against a chief director. He was dismissed on May 23 2022 after being found guilty of gross dishonesty and negligence.

“The ex-employee has appealed the sanction with the General Public Service Sectoral Bargaining Council [GPSSBC]. The matter is therefore under arbitration,” he said.

Motsoaledi conceded that the appeal took him by surprise.

“When we charged this official, he tried to stop the disciplinary process. He went to the labour court to try to stop the disciplinary committee [DC] process against him. He lost, appealed and he lost again.

“He then appealed to the labour court again and lost. The DC process took off and he was found guilty of gross negligence and dishonesty.

“The surprising part, which I did not know before, is that after being dismissed, having tried the labour court, a public servant can still appeal and start a new process at the General Public Service Sectoral Bargaining Council.

“This was news to me. I thought that once you go to the courts and you lose, that is where matters ends, but I am told the GPSSBC will also look into the matter afresh, which is happening now.

“I am now surprised that every official we charge in our labour process, prefers that the matter be handled at the bargaining council instead of a normal process of a disciplinary committee.”

Other cases are ongoing.

“Having finalised the disciplinary process for the senior manager, there are more internal disciplinary actions that need to be finalised against other officials who were involved in processing the Bushiri family’s permanent residence application.

“There are four other officials who were placed on precautionary suspension [in March] for aiding and abetting in connection with this matter.”

Asked whether the department was in possession of Bushiri’s documents with regards to escaping the country, Motsoaledi said the matter remains the subject of an investigation led by the Hawks.

“The department does not have access to what is contained in the Hawks investigation report because the Hawks said it will form part of their presentation in court.”

The minister said the extradition process was being conducted by the justice department.

“The moment Bushiri lands in SA, according to the Hawks, they will continue with their initial (R102m) case and add charges of escape and acquiring fraudulent papers.” 

On the issuing of permits to the foreign church leaders, he said the ministerial review committee recommended a team of investigators, attorneys, data analysts and system experts be appointed “to fully investigate for the purpose of prosecution, internal disciplinary action, deportations of fraudulent immigrants, recovery of proceeds based on its recommendations”.

He said the department has initiated a procurement process to give effect to the recommendations.

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