The head of the Department of Public Works in the Northern Cape, Dr Johnny MacKay. Picture: Supplied
A FORMER acting municipal manager of Kai !Garib Municipality and current head of the Department of Public Works in the Northern Cape, Dr Johnny MacKay, 58, appeared before the Upington Magistrate’s Court on charges of contravention of the Pension Funds Act.
MacKay was arrested by the Hawks’ Serious Commercial Crime Investigation team based in Upington on Friday.
Hawks provincial spokesperson Nomthandazo Mnisi said it was alleged that between September 2021 and March 2022, MacKay failed to ensure that pension fund contributions exceeding R9 million were deducted from Kai !Garib municipal employees salaries and paid to the consolidated retirement fund for local government.
“The accused was granted R5,000 bail on Friday and the case will be transferred to the Specialised Commercial Crime Court. Investigation into the matter continues,” said Mnisi.
The regional spokesperson for the National Prosecuting Authority (NPA), Mojalefa Senokoatsane, said MacKay was facing 271 counts of contravening section 37(1)(a) of the Pension Funds Act 24 of 1956.
“If convicted of the offence, the accused can be sentenced to a fine not exceeding R10 million or up to 10 years’ imprisonment, or both,” said Senokoatsane.
He added that the case was postponed until November 25.
DA provincial leader Harold McGluwa said the party had laid a criminal case in 2017 as the municipality was failing to pay third-party contributions including pension, unemployment insurance fund and policies.
“In 2020, the DA further reported our concerns to the Office of the Public Protector after promises that the municipality would rectify the fault, made since 2018, never materialised,” said McGluwa.
He added that they had informed the Public Protector that the whistle-blowers who exposed the municipality’s “disregard for its employers” were suspended for 10 months, after which time they were fired.
“New personnel were immediately appointed, without the posts ever being advertised. No interviews were held and nor were qualifications of new employees taken into consideration,” said McGluwa.
“We are awaiting the reaction of the MEC for Public Works, given that MacKay is heading up this department.”