Ms Nadine Thomas
Brand South Africa complied with the Labour Court judgement and reinstated Ms Thomas to her position as the Chief Financial Officer. Subsequently, an agreement to mutually separate was reached between the two parties, amicably. The terms of which are confidential, as agreed by both parties.
The Acting CEO, Ms Sithembile Ntombela, is guided by the PFMA on parameters within which to exercise authority as the Accounting Officer in the absence of a Board. Section 49 subsection 2 (b) of the PFMA guides that if the public entity does not have a board (controlling body), the CEO (Accounting Officer) is the Accounting Authority (Board/controlling Body). As such, the agreement was within the law. The agreement terms were also declared accordingly to the Auditor General during the audit period, the outcome of which Brand South Africa received a clean audit. As such the expenditure was neither irregular, nor fruitless nor wasteful in this regard. To quote the AG: “In my opinion, the financial statements present fairly, in all material respects, the financial position of the Brand South Africa Trust as at 31 March 2023 and its financial performance and cash flows for the year ended, in accordance with the Standards of Generally Recognised Accounting Practice (Standards of Grap) and the requirements of the Public Finance Management Act of 1999 (PFMA)”.
There is currently no Board at Brand South Africa following the expiration of the previous Board’s term in November 2022. The Minister in the Presidency, as the executive authority, is responsible for appointing a new Board for the entity and is dealing with this matter.
The Board of Trustees is responsible for appointing the CEO. It is in this context important to note that without a Board of Trustees in place, there is nothing to be said, nor can Brand South Africa or its Accounting Officer, speculate on the process of the recruitment for the CEO position.
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