As per the initial written response of the Director-General addressed to Ms D Kohler, MP on the same matter, the Department advertised the position of Deputy Director: Intergovernmental Relations (Ref: 2017/47) with relaxed minimum appointment requirements. The advertisement of the position with relaxed qualifications followed internal approval processes after the Department sort and received a legal opinion from counsel who was briefed through State Attorney in relation to an employee who is in possession of matric certificate with more than 10 years’ experience at a Deputy Director level within Intergovernmental Relations unit. The legal opinion advised the Department to absorb the employee into a permanent employment on the basis of an established case of a reasonable expectation for a permanent appointment given the period in which the position was renewed over the years
Although counsel has advised the Department to absorb the employee without following recruitment processes, an option which is permissible in law, the Department deemed it necessary to promote competition and advertise the position with relaxed minimum appointments in order to accommodate the employee in question. The relaxation of qualifications is meant to create an opportunity for the employee to apply and compete with others for the position without a guarantee of an employment.
The Department has however abandoned the process of filling the position with relaxed qualifications.