Kgotso Tau, Acting CEO Free-State Development Corporation
Image: SUPPLIED
Pule Makgale
Kgotso Tau, the former communications spin doctor for the Free State Department of Small Business, Tourism and Environmental Affairs (DESTEA), politically headed by MEC Toto Makume, was seconded from DESTEA to the Free State Development Corporation (FDC) as the Acting Chief Executive lawfully from 2024 until he turned 65 on 25 February 2025.
The Free State Development Corporation (FDC) is the official economic development agency for the Free State Province and is aimed at being a specialist economic development agency to offer the people of the Free State and potential investors in the province a wide selection of services. This includes financial loans and non-financial support.
While the act only allows Tau to serve until the age of 65, The Star understands that Toto Makume, the MEC for DESTEA has appointed Tau afresh as the Acting CEO of the FDC on a month-to-month as of 01 March 2025 as one board member told The Star. The board member who asked to remain anonymous says Tau’s appointment violates the FDC’s as stipulated in the government gazette.
“Tau cannot be seconded to the FDC from DESTEA as of 1 March 2025 because he no longer works for DESTEA. This is also why his appointment letter was driven from the FDC and is on the FDC letterhead while his previous secondment letters were signed by the MEC of DESTEA on the DESTEA letterhead. In terms of his age and the fact that he was not seconded by the department makes his appointment is irregular. The Public Protector will agree” the source said.
From a publicly available document, The Star has seen that FDC Act 6 of 1995 and all its amendments to 2010 regulate the appointment and vacation of office of the Managing Director (CEO) of the FDC as follows:
“a. Per section 9 of the FDC Act, the MEC appoints the Managing Director (CEO of the FDC) from a pool of directors he has a right to appoint in terms of section 5 of the FDC Act. The FDC CEO is the ex officio member of the FDC Board of Directors;
b. Section 7 (1) (g) of the FDC Act prescribes that a director of the FDC SHALL vacate office upon the attainment of the age of 65 years.” This means that Tau ceased to qualify for FDC directorship the day after he turned 65 years, that being on 25 February 2025 and thus does not qualify to be CEO of the FDC.
The appointment of Kgotso Tau on a month-of-month contract as of 01 March 2025 is unlawful as it contravenes the FDC Act and recruitment policies of the FDC.
The Public Protector is investigating the appointment.
The FDC’s Spokesperson Nana Plaatjies did not respond to questions yesterday.
This is a developing story.
