Reports by Department of Public Services &Administration & Public Services Commission; Jali Commission: briefing

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
25 June 2002
REPORTS BY DEPARTMENT OF PUBLIC SERVICES AND ADMINISTRATION AND PUBLIC SERVICES COMMISSION; JALI COMMISSION: BRIEFING

 

Changes effected as a result of proposals made by the Public Services Commission and the Department of Public Services and Administration
Briefing on Jali Commission (See Appendix)

SUMMARY
The Department outlined the focus of the reports and then described the changes made. The Public Services Commission report focused on Qualification distribution at managerial levels; Verification of Qualifications;Filling of Posts; Bursaries;Transfers; Disciplinary action/dismissals; Merit awards, special awards and cash awards; Compensation for utilisation in higher post and trade union representation. The Department of Public Services and Administration report was insubstantial. It merely provided allegations, which were not tested and had not been investigated.

Members were concerned that the Department lacked capacity to investigate itself. The Department assured members that it had the capacity and would continue to conduct internal investigations.

The Department briefed the Committee on the background to the Jali Commission. However the Committee would only discuss the work of the Commission extensively once the Commission itself had made its presentation.

MINUTES
The Chair said that the Department would provide the Committee with feedback on the workings of the Jali Commission. The Commission would however meet the Committee at a later date. The Departmental report was particularly urgent in the light of recent developments at Grootvlei Prison. The work done by the Commission was closely linked to these developments. The Committee would examine the recommendations made by the Department of Public Service and Administration (DPSA) and the Public Services Commission (PSC), as they should not just react to that particular incident. Instead, they should examine the problems holistically.

Changes effected due to the PSC and DPSA reports
Mr Govender, the Deputy Director of Human Resource Development of the Department referred to the document entitled 'Changes effected as a result of proposals made by the Public Services Commission and the Department of Public Services and Administration'.
The PSC report focused on the following:
-Qualification distribution at managerial levels: It was evident that persons without the necessary qualifications had filled posts. Instead nepotism and favouritism had been rife.
-Verification of Qualifications
-Filling of Posts
-Bursaries: There had not been proper control over the allocation of bursaries. The Department had not ensured that bursaries were used for the purpose for which they had been provided.
Transfers: Transfers from one place to another had previously been used as a punitive measure.
-Disciplinary action/dismissals: Management had been reluctant to take disciplinary action against errant employees
-Merit awards, special awards and cash awards: Persons were often paid twice if they qualified for two awards.
-Compensation for utilisation in higher post and trade union representation

The DPSA report merely provided allegations, which were not tested and had not been investigated. In many cases it merely gave the name of a contact person.

Mr Govender referred to the heading 'Progress with Implementation'. With reference to the PSC report, 50 of the 90 items had been finalised. With reference to the DPSA report, 76 of the 128 items had been investigated and finalised. Of the 76 cases eleven were withdrawn, as persons who had initially agreed to give evidence were no longer willing to do so.

Mr Mti, the Commissioner of the Department, admitted that the Department still had a long way to go in providing facilities and employment opportunities for the disabled. The recruitment policy also remains a problem. Management of the recruitment process was important, especially with regard to the way in which short-listing takes place. Much still had to be done in regard to the arbitrary transfer of employees. It is evident that although policies are in place their management remains a crucial part of implementation.

Discussion
The Chair referred to the fact that 50 to 60 percent of the cases investigated by the Department had come to no consequence. In 23 of these cases there had been no irregularities. This was not a problem if it had resulted from a proper investigation. In 27 cases there had been a lack of information or no contact person. This could indicate that the Department lacked the capacity to investigate itself.

Mr S Swart (ACDP) agreed that the number of cases that had been withdrawn was very high. This should not be the case since reports were normally based on a prima facie case. He also shared the Chair's concern about the ability of the Department to investigate itself and asked to what extent the Jali Commission could respond to the investigation.

Ms J Sosibo (ANC) expressed concern that the Department was investigating itself.

Mr Mti replied that the problem was not that the Department lacked capacity to investigate itself. With reference to the question as to whether the Department should investigate itself he said that they could not avoid conducting an investigation since they had to report to the DPSA. The Department should investigate itself unless it was the opinion of the Committee that anyone who worked for the Department could not be trusted. The problem could be dealt with by instilling ethics and professionalism in employees. With regard to the Jali Commission's involvement he stated that the reports was the basis of the work of the Jali Commission.

Mr D Bloem (ANC) agreed that the Department should investigate itself. It was important that people should trust the Department or it would not be able to function.

Mr Mti added that the Department did have the capacity to investigate itself and would continue to do so irrespective of other bodies that may be set up to perform this function.

Mr F Van Deventer (NNP) expressed sympathy for the Commissioner, since he had inherited a Department which was in bad shape.

Mr Bloem agreed, saying that there were many difficulties in the Department, which the Minister and the Commissioner had inherited.

Mr Deventer referred to the fact that POPCRU had observer status at appointment, disciplinary and dismissal proceedings. This could lead to intimidation since 40 000 or 50 000 members of the Correctional Services belong to POPCRU. It was important that outsider intervention should be eliminated. Failure to do so meant that the proceedings were affected and this amounted to wastage of the taxpayers' money.

Mr Mti pointed out that the entire Department consisted of 30 000 employees. Thus the member's figures were inaccurate. The Department had managed to establish clear roles for management and the unions. It was untrue that the unions determined appointments in the Department, although this might have been the case previously.

Mr Deventer suggested that this issue should be revisited at a later stage. The Department should be the only authority at these proceedings.

The Chair agreed that unions should not be involved in appointments. The unions would meet with the Committee at a later stage where the Committee would make it clear that the unions' input in appointment proceedings should be of a general nature.

Mr Swart said that he had a problem with the way protective promotion worked.

Mr Mti replied that since 1994 the Department had developed good initiatives to deal with promotions. Very often the problems arose from the over-zealous implementation of affirmative action.

Ms Sosibo asked if the Department now had control over the granting of bursaries.

Mr Govender replied that the Department required proof of registration and an examination timetable. Results had to be submitted. Defaulters had to repay the amount to the Department.

Mr L Diale (ANC) asked if any applicant registered with an educational institution automatically qualified for a bursary.

Mr Govender explained that the courses to be studied by the person had to be relevant to the Department and must add value to a job in the Department. The Department awarded bursaries on the basis of its needs.

Ms Sosibo referred to the fact that a person could previously secure a position in the Department in exchange for cash. She asked if this had been dealt with.

Mr Mti replied that the Department was dealing with this fraudulent practice. They were achieving some success. The task of recruitment could not be delegated, as it required strict management.

The Chair suggested that it might have been unwise to remove power of the Judicial Inspectorate to look at corruption. IPV's are in contact with prisons on a day to day basis and were therefore able to assist the Department.

Mr Mti did not wish to respond to policy-related matters without discussing them with the Minister.

Mr Bloem asked how old the DPSA and PSC reports were and when one would be able to see progress.

Mr Mti replied that reports had been compiled between 2000 and 2001. The delays in implementation were due to the fact that parts of the reports affected management.

Presentation on the Jali Commission
Mr Mti read the document entitled 'Briefing on Jali Commission to the Portfolio Committee on Correctional Services'. He pointed out the following:
-In terms of the Commission's terms of reference as set out in the Proclamation the Commission would focus on eight specified prisons. These prisons cover only four provinces, which were KZN, Gauteng, Western Cape and Eastern Cape. Although Grootvlei had not been one of the prisons identified the Minister had requested the President to include Grootvlei. The Minister had at the time been unaware of the videotape.
-A and B orders refer to orders arising out of the Act

Discussion
The Chair explained that although many people would have preferred a discussion on Grootvlei he would not change his agenda, since it was better that the issue was dealt with systematically. The Committee would therefore not let the media determine its agenda.

Mr Swart commended the Department for its hard work in difficult circumstances. He asked if the Special Investigating Unit (SIU) had instructions to deal with the situation at present.

Mr Mti answered that the SIU had been assisting the Jali Commission. However in order for the Unit to focus on the Department officially there would have had to be a Proclamation by the President.

Mr Diale commended the Department and its Commissioner for its work in dealing with deeply rooted problems. There was a need for Parliament and Government to re-introspect themselves from time to time. The major problem was not the policies in place but the management and implementation of these policies.

Mr Mti replied that he appreciated the fact that the member understood the deep-rooted nature of the problem and the need to be systematic. The Department would no longer report to the media, as they presented the facts inaccurately such as there being no difference between the Minister and the Commissioner on the Grootvlei issue. He appreciated the responsible way in which the SABC had showed the video.

Mr Diale referred to the death of the Senior Manager in KZN. He asked what the outcome of this case had been.

Mr Mti said that two members of the Department had been sentenced to life imprisonment. Their arrest had been facilitated by the appointment of the Jali Commission.

Mr Bloem suggested that further discussion should only take place once the Jali Commission has made its presentation to the Committee.

The Chair agreed.

Mr Bloem referred to the two interim reports, which the Minister and the Commissioner had received from the Jali Commission. He asked if the Committee could have access to these reports. The Chair also requested that the Committee receive the reports prior to its meeting with the Commission.

Mr Mti explained that he would have to consult with the President as to whether the reports could be released. The Commission had one year in which to complete its work, but felt the need to give interim reports. The aim of the reports was to assist the President and the reports therefore did not belong to the Department.

Mr Bloem withdrew his request for access to the reports.

The Chair said that he was not withdrawing the request, since the President too was accountable to Parliament. The Committee had to decide whether the President was spending money wisely by funding the Jali Commission.

Mr Mti said that he could foresee no problem in obtaining the reports. An executive summary would be available to the Committee.

The Chair stated that the Department needed to be in a position to rid itself of corruption. This would require Intelligence and Counter Intelligence capacity. The Department needs the ability to pre-empt a situation.

Appendix
BRIEFING ON JALI COMMISSION TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES

INTRODUCTION
Following various allegations of corruption and maladministration that rocked the Department of Correctional Services since Minister Skosana was appointment as Minister of Correctional Services in 1998, the Minister embarked on a systematic approach in dealing with these allegations.

At first he approached the Auditor-General, the Public Service Commission (PSC) and the Department of Public Service and Administration (DPSA) to conduct audits and investigations. In response to his request a management audit was conducted by DPSA followed by wide ranging investigations by the DPSA and PSC. A report on the implementation of the recommendation resulting from these investigations will be presented separately.

APPOINTMENT OF THE JALI COMMISSION
Continued acts of corruption; maladministration and violence within the Department that culminated in the tragic death of a senior manager in Kwazulu-Natal urged the Minister to approach the President for the appointment of a judicial Commission of Inquiry.

The President obliged and appointed judge Thabani Jali, a Judge of the Durban High Court as Chairman of the Commission. The Commission was duly constituted in terms of Proclamation No. 135/2001 dated 27 September 2001 which Proclamation sets out the regulation governing the commission as well as the Commissions term of reference.

The Commission's terms of reference as set out in the Proclamation are as follows:

1. To inquire into and report on:
(a) alleged incidents of corruption and relating to:
(i) the procurement of goods and services for the Department of Correctional Services;
(ii) the recruitment and appointment, promotion and dismissal of employees for the Department of Correctional Services;
(iii) the treatment of prisoners;
(iv) dishonest practices and illicit relationships between employees and prisoners leading to unlawful activities;

(b) alleged incidents of non-adherence to department policy and deviation from national norms and standards;

(c) alleged incidents of violence or intimidation against employees of the Department which affect the proper functioning of the Department.

2. To make recommendations as to steps that can be taken in order to prevent the future occurrence of such incidents.

3. To make recommendations as to steps that can be taken against employees who in terms of the findings of the Commission is implicated in impropriety against the employer.

4. The Commission is required to focus its inquiry on the prisons listed hereunder-

(a) Pietermaritzburg Management Area;
(b) Durban Westville Management Area;
(c) Ncome Management Area;
(d) Johannesburg Management Area;
(e) Pollsmoor Management Area;
(f) Pretoria Management Area;
(g) St Albans Management Area; and
(h) Leeuwkop Management Area.

However, on the basis of information received relating to Grootvlei Prison, the Minister approached the President to extend the terms of reference of the Commission to include Bloemfontein Management Area known as Grootvlei.

5. To inquire into and report on any other matter which in the Commission's opinion is relevant to the terms of reference to the Commission.

6. These terms of reference may be added to, varied or amended from time to time.

7. The Commissioner shall be subject to and conducted in terms of the provisions of the Commissioner's Act 1947, (Act No.8 of 1947), as amended.

8. The Commissioner shall commence with his duties forthwith.

The Minister and the Commissioner have received the first two Jali Interim Reports as the Jali Commission finished their work in Westville Prison and moved on to Pietermaritzburg.

The four person Task Team that the Commissioner has sent down to Grootvlei to undertake a holistic investigation is functioning with the knowledge and co-operation of the Jali Commission.

On receipt of the Interim Reports on Westville, in consultation with the Minister of Justice and Constitutional Development, the Minister of Correctional Services and the Commissioner have taken steps to appoint a Judge to head the internal investigation that has been recommended. The Interim Reports have been handed over to the appropriate investigative and prosecutorial authorities for criminal investigation.

The Commissioner has also been tasked to ensure that the processing of the interim recommendations of the Jali Commission as they progress through the various Management Areas, results in the development of a sustainable and clean investigative and disciplinary capacity within the Department. It is DCS intention that the results from the Jali Commission and the development of sustainable systems within the Department will mean that the Department of Correctional Services will be in a position to develop strategies to combat corruption and crime in the prison system.

The Minister has approached the Minister of Justice and Constitutional Development for an investigation to be done by the SIU into corruption and maladministration in DCS in relation to the following:
a. The Medical Aid Scheme fraud
b. Procurement problems
c. Nepotism and corruption in the recruitment processes
d. Violation of prison regulations by members of staff in the interests of prisoners
e. Crime perpetrated by members within the prison environment in aid of offenders

This investigation is to be done through the secondment of experienced forensic investigators from the SIU and the joint DCS/SIU recruitment of staff to fill other posts. The intention being that the capacity of the Anti-Corruption Unit is built during this investigation. The possibility of taking over some of the investigators that have been involved in the SIU investigation is being considered.

In relation to the funding of such an investigation, the SIU has offered to utilize the funding that is currently available, and DCS will undertake to approach the National Treasury in relation to finances for the future years

There is a Cabinet decision that DCS should be subjected to an anti-corruption capacity audit under the auspices of DPSA and UNOCDP.

The department is in the process of crafting terms of reference for the audit process, and will be aiming to ensure that our staff in the Anti-Corruption Unit are involved in this audit process and thereby are consciously skilled during the process. There is at this stage no clear time frame for this, but it should be completed before the end of the year.

The 2002/3 financial year should see the fruition of work to establish an investigative capacity within the department that can on a sustainable basis ensure that the A and B Orders are complied with, that corruption, gross negligence, and crime are eradicated from the fabric of the Department.

Management of the Department has also been tasked to ensure that through an appropriate style of management, the space for criminal activity and corruption within our department is closed down. Investigation and prosecution of those involved in crime and corruption will continue vigorously, but the long-term solution is proactive and tight management with integrity at its core.

The Jali Commission is still tasked to continue with the work in the other 8 Management Areas that had been identified, and the DCS will continue to build capacity to respond to and take action on the Interim Reports of the Jali Commission on these Management Areas.

CONCLUSION
In conclusion, as indicated by the Minister in his Budget Vote and as highlighted in the Grootvlei video, Correctional Services is beleaguered by the corrupt and criminal activities of a component of staff.

Over and above the re-training of DCS staff to empower them to facilitate rehabilitation, the legal mandate of DCS remains unachievable while there continues to be staff members in our prisons whose criminal behaviour keeps the wounds of corruption, substance abuse, sexual violence, and crime in our prisons festering.

Finally, I wish to commend all the staff for the hard work that they are doing under difficult circumstances in the prison system. We as Correctional Services are determined to rid ourselves of all the corrupt elements amongst our staff compliment.