The health department in Mpumalanga will not suspend its director of human resources, Jabulani Nkosi, despite his arrest during a dramatic Hawks-led takedown operation that netted 38 suspects this past week.
Sunday World confirmed that Nkosi was back at work on Thursday after being granted R50 000 bail earlier in the week in the Nelspruit Magistrate’s Court, along with 37 other accused.
They were arrested in a sting operation in connection with a R114-million fraud and corruption tender case in the provincial education department that dates back more than five years. According to investigations, the department allegedly awarded the tenders under the pretext of emergency services and repairs for 21 schools in the province.
When Sunday World asked whether Nkosi would be suspended or placed on special leave pending the outcome of the criminal case, the department made its position clear. “The department is not aware of any serious charges within its jurisdiction,” said provincial health spokesperson Dumisani Malamule.
“Yes,” he said when asked whether Nkosi is currently reporting for work following his arrest.
On whether any precautionary suspension or internal process had been initiated, Malamule responded, “No.”
The department’s stance appears to hinge on jurisdiction, as the alleged offences relate to Nkosi’s time in the education department. Asked what public service regulations prescribe when a senior manager faces criminal charges linked to another department, Malamule said, “[The senior management service] handbook is quiet on this provision because matters of discipline are regulated in the same handbook.”
The department also confirmed that no one had been appointed to act in Nkosi’s position and added that no internal risk assessment was conducted.
Provincial education department spokesperson Jasper Zwane, however, stated that no comments would be made on the matter until the case is finalised.
Nkosi indicated that he intends to plead not guilty to the charges he faces. His bail conditions are that he submits his passport to the investigating officer and does not interfere with witnesses.
Nkosi has held the HR director position in a full-time capacity since February 2021. Prior to that, he served as chief director in the department from January 2016 to January 2019 before being seconded to head up the education department from February 2019 until January 2021, the period during which the school repair transactions allegedly took place.
Nkosi, however, is not new to facing procurement-related charges in court.
In 2024, he was acquitted in a separate case linked to the alleged irregular procurement of personal protective equipment (PPE) worth about R21.9-million during the Covid-19 pandemic.
He was arrested in 2022 and charged under the Public Finance Management Act for decisions taken while serving as acting HOD of education during the state of disaster. After more than a year of legal proceedings, the court found that the PPE had been delivered and that the emergency processes followed did not amount to criminal conduct.
That acquittal now forms part of Nkosi’s legal history as he prepares to defend himself once again – this time in the R114-million school repairs matter.
Attempts to obtain a comment from Nkosi were unsuccessful. Speaking through a colleague, he stated that the department’s response was sufficient.
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