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·  Public Protector, Kholeka Gcaleka, found that former acting CEO, Sobantu Tilayi, and a committee acted irregularly to appoint a corporate affairs executive ·  SAMSA board chairperson, Vusumzi Sihawu, directed to take disciplinary action against Tilayi ·  Tilayi resigned from SAMSA in December 2025

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Sizwe sama Yende

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Former South African Maritime Safety Authority (SAMSA) acting CEO, Sobantu Tilayi, has been implicated in another impropriety by a Public Protector’s investigation following many years of escaping unscathed from serious allegations.

Public Protector Advocate Kholeka Gcaleka’s report, dated December 31 2025, found that Tilayi and  Selection Committee members engaged in irregularities during the recruitment and selection process of appointing corporate affairs executive, Vusumzi Gladwell September, in 2020.

Tilayi, whose position was chief operations officer, was acting chief executive at the time September was appointed. 

Tilayi resigned from SAMSA in December last year after 17 years of service. He had been suspended twice between 2020 and 2025, on a plethora of serious allegations that included fraud, maladministration, and abuse of power.

He survived and kept his job even after a forensic investigation by Morar Incorporated had made findings against him in 2022. Following the forensic report, Tilayi faced internal charges of overstepping his authority, gross negligence, and dereliction of duty – but he came back to work in 2024 after a two-year suspension.

Gcaleka investigated after a disgruntled applicant, Phenyo Lekoma, had lodged a complaint because he believed that there was interference in the recruitment process that disadvantaged him from getting the job.

 Lekoma alleged that on December 22 2019, SAMSA advertised the position of corporate affairs executive, which he applied for and was invited to attend an interview on July 3 2020.

Lekoma alleged that Tilayi, chief human capital officer Lesego Mashishi, former SAMSA board secretary, Lolo Raphadu, and two board members - Nomsa Cele and Ms Sekgabiso Moleman interviewed him.

“A legitimate expectation that he would be appointed to the position of Executive: Corporate Affairs was created after the interview when he was

subjected to a process of verification, such as reference and criminal record checks, as well as undergoing psychometric assessment. SAMSA even went to the extent of requesting him to provide them with his salary expectations,” Gcaleka said in her report.

“He was dumbfounded to learn that SAMSA appointed someone else to the position that he applied for and a close individual to Mr Tilayi was appointed instead of himself, even though it seems he outperformed the appointed candidate during the interview.”

Gcaleka said that the allegation that there were irregularities in the recruitment and selection process was “substantiated.”

The Public Protector found that Tilayi and the Selection Committee failed to comply with standards and obligations of SAMSA’s recruitment policy by not basing their decision on the suitability of a candidate. 

“Tilayi, who made the recommendation to the Board, failed to ensure that

the recruitment and selection process for the position was accountable, responsible, fair and consistent, which is in contravention of the SAMSA recruitment policy. Ms Mashishi failed to provide guidance and ensure compliance with the policy,” Gcaleka said.

Tilayi said that he was not aware of the Public Protector’s report and said that he was aware of a report that cleared him. “I’ve not seen this one you’re talking about. There’s no need for you to send that report to me because I’ve left SAMSA now,” Tilayi said.

“I’ll definitely take it on review because they can’t have different reports on the same issue,” he added.

SAMSA did not respond to e-mailed questions.

Gcaleka’s report directs the SAMSA board chairperson, Vusumzi Sihawu, to table the report before the board within 90 days for deliberation and obtain approval on the appropriate course of action.

“Within 60 calendar days from the date of receipt of the report, take disciplinary action against Mr Tilayi, in his capacity as the Acting CEO at the time for failing to ensure that the recruitment and selection process for the position of Executive: Corporate Affairs was accountable, responsible, fair, and consistent, in line with the SAMSA recruitment policy,” she said.

One of the serious allegations Tilayi was cleared of pertained to imposing a BEE shareholder on a bunkering company, the South African Marine Fuels (SAMF) in 2018.

After an internal disciplinary committee found him not guilty in 2023, SAMF’s executive Chrystel Basset-Simmonds took the matter to the Pretoria High Court to get a declaratory order, and she was successful.

The Pretoria High Court later issued a declaratory order in September 2023 confirming that Tilayi had sought to force SAMF to incorporate Thamsanqa Gcaba as the company’s BEE partner.  

Tilayi had given SAMF a condition to absorb Gcaba before SAMSA could give it approval to operate when the Transnet National Ports Authority of South Africa had licenced SAMF to offer bunker delivery services (selling of fuel from ship to ships) at the ports of Ngqura (Coega) and Gqeberha and Algoa Bay from 2018 until 23 May 2027 and 29 November 2023 respectively.

Tilayi had mentioned this condition in an e-mail dated January 22 2018. Although SAMF fought and was permitted to operate, Basset-Simmonds took the matter to court to get the declaratory order.