Yoliswa Makhasi on 702: How officials should respond to unlawful instructions
On 29 September 2025, Yoliswa Makhasi, head of the Public Service Reform Programme at the New South Institute, appeared on Breakfast with Bongani Bingwa on 702 to discuss how senior officials should respond to unlawful instructions. The conversation was framed by a clip from the Madlanga Commission in which the National Police Commissioner was questioned on this topic, and by a reference to a Sunday Times column by S’thembiso Msomi, which discussed acting on principle under pressure.
Makhasi stated that department heads should not implement instructions that they deem to be unlawful. Instead, she advised them to provide advice to the political principal in writing to create a paper trail, seek guidance from the Public Service Commission or state law advisers, and escalate the matter through the proper channels. She described the division of labour as straightforward: ministers determine policy objectives, while accounting officers are responsible for how they are achieved. Commenting on the clip from the Commission, she said she was surprised that the instruction had been implemented despite being considered irregular.
Bingwa raised the practical issue of job security, noting that directors-general are employed on fixed-term contracts, which depend on the confidence of the minister. Makhasi acknowledged this challenge, stating that ministers can make an official’s working life difficult and may try to have them removed. However, she explained that the system still requires such actions to be justified with documented reasons. She added that this is why written advice and formal referrals are important, as they protect the institution and ensure that decisions can be reviewed.
For example, Makhasi described an incident from her time as Director General (DG). After she had suspended an official for misconduct, a new minister ordered her to reinstate them. She said that she refused in writing, explaining that disciplinary processes fell outside the minister’s authority, and then sought an opinion from state law advisers. The minister reportedly threatened to report her to the president. Makhasi responded that she would give the president the same advice. Although the instruction was dropped, Makhasi described the subsequent period as difficult, and her contract was not renewed when it expired. She also noted that she had served under five different ministers in five years.
The discussion concluded with Bingwa referencing the broader political context of cadre deployment and party loyalty. Makhasi reiterated her key points, emphasising the importance of adhering to administrative fundamentals such as due process, documented advice, lawful escalation and the separation of political direction from operational control.
