Commission for Gender Equality on its progress in implementing the recommendations of the Public Protector's and Auditor-General's forensic investigation reports

Meeting report

Commission for Gender Equality presentation
Ms Keketso Maema, Chief Executive Officer (CEO), Commission for Gender Equality (CGE), briefed the Ad Hoc Committee on the Commission’s progress in implementing the recommendations of the Public Protector’s (OPP) and Auditor-General’s (AGSA) forensic investigation reports.

AGSA Forensic report
Bank and cash management
The AGSA had found that 10 irregular bank accounts had been opened without following the National Treasury regulations.

The Commission reported that it had closed these accounts. It had opened new petty cash accounts in compliance with regulations. Approval for opening accounts was granted on 25 May 2009.

The Commission reported that it had closed its call account.

The Commission reported that it had established electronic funds transfer (EFT) to ensure that payments in excess of R2 000 were not made by cheque.

Supply chain management
The Commission reported that a new supply chain management had been in operation since December 2010.

The Commission reported that a supplier data base had been compiled. The invitation calling for service providers to register was published in City Press and Tender Bulletin in March 2010.

The alleged lease contract for laptops had been converted into a contract of sale.

Expenditure management
The Commission was currently documenting processes that addressed issues of internal controls, reliable systems, and supported by a proper delegation of authority.

Claims and subsistence
The Commission reported that it had developed a policy on the use of cell phones to curb expenditure.

Air travel, accommodation, and car hire
The Commission had developed proper control mechanisms for flight bookings to make sure that misuse did not happen again. It had written a memorandum to the travel agency to the effect that if a booking were to be made the requisition for such travel must be signed by both the Chief Executive Officer (CEO) and the Chief Financial Officer (CFO).

The matter of the former chairperson’s travel expenditure was sub judice.

The former chairperson’s leave payout was withheld. A claim was lodged in the labour court relating to leave. The Commission was in turn counter-claiming for amounts identified in the AGSA’s report relating to:

Leave entitlement, which had also taken into account the time taken for the unauthorized trip to New York;

Unauthorised travel to New York in 2009;

Booking and travel arrangements made for relatives;

Cell phone expense incurred on an unauthorized trip to New York in 2000;

The above was under case number J418/2010 in the Labour Court of South Africa.

Disciplinary processes recommended
Ms Nomboniso Gasa, former Commission for Gender Equality Chairperson’s travel
Relevant personnel (Personal Assistant (PA) to the Chairperson or Executive Manager in the Office of the Chair) involved or had processed the irregular or unauthorized travels had since left the employ of the Commission therefore DC processes could not be followed.

Overtime claims: Mr Muhomba
CGE policy and practice had been aligned with Public Service Administration precepts.
An enquiry and investigation into the matter had been finalized and management was going to implement the investigation’s findings.

OPP Report
It must be noted that upon receipt of the OPP report the CGE sought audience with the Public Protector (PP) as some of the findings might have direct legal and financial implications against the Commission. For example the Xabiso recommendation. If the Commission issued an apology as recommended it might well be construed to be an admission of guilt and could be used in a court
of law.

Irregular Expenditure relating to the two acting CEOs
The Commission had requested a meeting with the Director-General of the National Treasury to discuss this matter.

Four Rivers
This case was sub judice. It involved a R3.2 million contract that was entered into for organizational diagnostic processes. The agreement between the Commission specifically made reference an arbitrational process when a dispute arose. This matter was before Advocate Bokaba SC.

Audit of qualifications and skills
The Human Resources department had commenced a process of auditing qualifications. Commission staff members and management had been requested to resubmit their qualifications.

Regularization of positions
The Commission reported that it had regularized unfunded positions where proper appointment procedures had been followed. These positions were Internal Auditor, and two Human Resources Officers.

Positions of Acting Coordinator of Provinces and Spokesperson where standard recruitment processes were not followed must still be resolved taking into account all related legislation: Labour Relations Act (LRA), Public Finance Management Act (PFMA), and National Treasury (NT) Regulations.

Induction
The Commission reported that all officers went an induction conducted by the respective heads of departments.

All administrators and PAs were given induction training particular to their work environment.

Team building exercise was undertaken with all staff attending during March 2010.

The Human Resources (HR) department was in process of finalizing a standard induction programme / process and manuals to guide this activity going forward.

The Finance Department’s capacity had been improved through the appointment of appropriately skilled personnel.

A functional departmental structure had been developed and proper assignment of roles agreed upon with the staff members.

Training on the fixed asset management system had been provided to all staff within the Commission during January 2011.

Interaction between Secretariat and the Commissioners
A policy and guidelines to regulate the interaction was still an agenda point within the plenary.

Policies
A process to review and improve the policy framework had been commenced and the following examples had been completed:

Cell phone
Bursary
Leave policy

A housing policy that had been reported to be applicable for Commissioners was effectively exercised for the benefit of staff on levels below Middle Management Services (MMS) level 11 A proper narrative will be read into the housing policy to clear the ambiguity.

Occupation Specific Dispensation (OSD)
The Commission had noted the recommendation, but for the following:
CGE legal officers might be eligible; however, there was uncertainty on whether the job profile fitted the OSD definition

It was an issue of mutual interest thus a comprehensive discussion of staff was imperative

The budgetary consideration would remain a factor when implementing

Performance assessment 2009/10
It was impracticable to implement the recommendation without flouting best practice / regulations since for the financial period the CGE had neither a performance management tool nor a performance agreement entered into with individual staff.

Action plans ….2, 3, and 4
The Commission gave details of its action plans as per slides 14-16.  Note that Action plan 1 is missing from the presentation document. 

Objective/deliverable: documentation of policies and procedures
Indicator/performance activity: review of the PPP & R document and other policy documents to ensure compliance with the relevant legislations
Progress: work in progress, 60% complete

Objective/deliverable: Performance management system
Indicator/performance activity: develop system and all tools e.g. job descriptions and evaluation tools
Progress: Commencing with a pilot in February 2011

Objective/deliverable: control environment
Indicator/ performance activity: document system description on all critical business processes; financial and non-financial processes.
Progress: work in progress, 60% complete

Objective/deliverable: [blank]
Indicator/ Performance Activity: develop proper internal control systems across functions and key processes: document the “as is” processes; infuse controls and optimise to best practice.
Progress: [blank]


Objective/deliverable: risk management
Indicator/ Performance Activity: develop a risk management strategy and resource accordingly, including creation of committee structure: Risk Committee
Progress: [blank]
(Slide 14)

Objective/deliverable: risk management
Indicator/ Performance Activity: develop and update the risk register to include and rank all existing and new risks
Progress: work in progress to be completed before the beginning of the 2011/11 financial year.


Objective/deliverable: [blank]
Indicator/ Performance Activity: develop the fraud prevention plan and fraud risk register for adoption by the audit committee
Progress: completed 100%


Objective/deliverable: financial and performance management
Indicator/ Performance Activity: review systems and processes and align with legislative requirements and best practice
Progress: 80%

Objective/deliverable: [blank]
Indicator/ Performance Activity: train staff on Public Finance Management Act (PFMA); Treasury Regulations; financial reporting framework; and other related standards.
Progress: ongoing


Objective/deliverable: [blank]
Indicator/ Performance Activity: Maintenance of regular, reliable, accurate, complete and valid records and periodic reporting thereon is required by law and by internal policies. A detailed plan of action and timetable is to be drawn up to include all-day, month-end, quarterly and year end policies and procedures.
Progress: ongoing
(Slide 15)

Objective/deliverable: financial and performance management
Indicator/ Performance Activity: Create a functional supply chain management unit and ensure regularity and full compliance
Progress: Unit created and began

Objective/deliverable: [blank]
Indicator/ Performance Activity: Document and filing system that ensures that audit evidence on the achievement of pre-determined objectives or lack thereof is available on a regular basis
Progress: [blank]

Objective/deliverable: [blank]
Indicator/ Performance Activity: Develop a performance information management system that provides for reporting and planning loop that is compliant to the Treasury Regulations
Progress: [blank]

Objective/deliverable: [blank]
Indicator/ Performance Activity: Revised strategy plan is based on measurable and reliable target
Progress: [blank]

Objective/deliverable: Compliance with CGE policies, Basic Conditions of Employment Act (BCEA) and other relevant laws
Indicator/ Performance Activity: Apply and agree the workings to the Commission’s policy on leave, overtime, and housing as contained in the Public Private Partnership (PPP) and “R document”; identify areas of anomaly especially beginning implications to the interest.
Progress: 60%
(Slide 16)

End of presentation document.