Deputy Chair, on behalf of the Chief Whip of the Council, I move the draft resolution printed in her name on the Order Paper, as follows:
That the Council -
(1) notes that - a) in a memorandum dated 1 December 2011, the Secretary to Parliament, Mr Z A Dingani, who is also the Accounting Officer, requested approval from the Executive Authority to Parliament for a "salary advance" in the amount of R186 000 to build a security boundary wall at his private residence;
b) the Executive Authority approved the request on the basis that the Secretary to Parliament asserted that Parliament's policies make provision for the granting of advances against salary in exceptional cases;
c) it was later alleged that said "salary advance" was improper;
d) as section 67(2)(a) of the Financial Management of Parliament Act, Act 10 of 2009 obliges the Executive Authority to investigate promptly any allegation of financial misconduct against the Accounting Officer, unless it is obviously unfounded, the Executive Authority requested the Auditor-General to investigate the matter;
e) on 5 April 2012 the Secretary to Parliament was put on paid special leave in order to allow the investigation of the matter by the Auditor-General; f) on 9 May 2012 the Auditor-General recommended that disciplinary action be considered against the Secretary to Parliament;
g) in accordance with section 67(2)(b) of the FMPA, the Executive Authority instituted disciplinary proceedings in accordance with the applicable systems and procedures;
h) on 18 June 2012 the Secretary to Parliament was charged with nine counts of serious misconduct and, on 3 September 2012, a disciplinary hearing presided over by an external chairperson found him guilty on two of the charges, namely that he -
i. misled the Executive Authority of Parliament with regard to the existence and/or content of policies by misrepresenting to the Executive Authority of Parliament that the policies of Parliament made provision for the granting of a salary advance; and
ii. obtained an interest-free loan of R186 000 from Parliament in contravention of Parliament's procedures and/or practices and applicable legislation; and (i) in light of the seriousness of the misconduct and of several key provisions of the FMPA that were contravened, the disciplinary hearing, on 6 September 2012, recommended that the Secretary to Parliament be dismissed with immediate effect;
(2) accepts the findings of the disciplinary hearing; and
(3) resolves that the Secretary to Parliament be dismissed with immediate effect.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion agreed to in accordance with section 65 of the Constitution.