No case to answer: Sisisi Tolashe's advisor Ngoako Kgatla cleared by legal findings

Special Advisor to the Minister of Social Development, Ngoako Kgatla, has been cleared of misconduct allegations dating back to his time at the Department of Women, Children and People with Disabilities (DWCPD), following a legal and procedural impasse that has effectively exonerated him from disciplinary action.

In a letter dated 7 October 2025, Social Development Minister Sisisi Tolashe formally informed Kgatla that no action would be taken against him due to legislative limitations surrounding his current employment status. The allegations reportedly stemmed from Kgatla’s tenure as a Parliamentary Liaison Officer at the DWCPD, a department that has since been restructured.

“Due to the complexity of this matter, I decided to investigate in order to get to the bottom thereof and bring finality,” wrote Minister Tolashe. “The said investigation has revealed that the Department does not have powers to deal with the matter as section 16(4)(B) of the Public Service Act places the Department in an impossible situation.”

The Minister explained that, although concerns had been raised, her hands were tied legally because the alleged misconduct took place under a different department and before Kgatla's appointment as a Section 12A Special Advisor, a role governed by a different legislative framework.

In a separate legal opinion issued by Director-General Peter Netshipale on 29 September 2025, it was confirmed that the Department of Social Development lacks the jurisdiction to institute disciplinary proceedings against Kgatla. The DG’s report cited the Public Service Act, 1994, noting that ministerial advisors, appointed in terms of Section 12A, are not considered employees under the Act, and are therefore outside the scope of standard disciplinary processes.

“The Department of Social Development has no legal authority over Kgatla regarding misconduct committed when he was an employee of another department,” the DG stated. He further advised that DWCPD — the former employer — may explore alternative mechanisms if it wishes to pursue the matter.

Kgatla has remained in his role as advisor to Minister Tolashe throughout the investigation. The Minister confirmed in her letter that he would continue in that capacity, citing the absence of legal grounds for further action. “There is a grey area in law in terms of what I should do as the Minister under the circumstances,” she wrote.