ATC121024: Report of the Portfolio Committee on Public Service and Administration on their oversight visit to Gauteng (24 – 26 July) and Limpopo (31 July – 02 August), dated 24 October 2012

Public Service and Administration

Report of the Portfolio Committee on Public Service and Administration on their oversight visit to Gauteng (24 – 26 July) and Limpopo (31 July – 02 August), dated 24 October 2012

Report of the Portfolio Committee on Public Service and Administration on their oversight visit to Gauteng (24 – 26 July) and Limpopo (31 July – 02 August), dated 24 October 2012

The Portfolio Committee on Public Service and Administration, having undertaken an oversight visit to Gauteng and Limpopo , reports as follows:

1. INTRODUCTION

1.1 The mandate of the Portfolio Committee on Public Service and Administration is to, amongst others, consider legislation referred to it; conduct oversight of any organ of state and constitutional institutions falling within its portfolio; facilitate appointment of candidates to entities; consider budget allocations to the respective departments and entities falling within the ambit of public service and administration.

1.2 The mandate is achieved through passing legislation, overseeing Government action, and facilitating public and international participation. Section 42(3) of the Constitution of the Republic of South Africa (1996) states that the National Assembly is elected to represent the people and to ensure government by the people under the Constitution. The National Assembly does this by choosing the President, by providing a national forum for consideration of issues, by passing legislation, and by scrutinising and overseeing executive action.

1.3 In line with its constitutional responsibility of overseeing executive action, the Portfolio Committee on Public service and Administration (the Committee) undertook an oversight visit of entities falling within its oversight portfolio, to assess the state of provision of services to the people of South Africa .

For the Gauteng (24 -26 July) oversight visit, the multi-party delegation from the Portfolio Committee on Public Service and Administration consisted of the following members:

1. Mrs. JC Moloi-Moropa, ANC (Chairperson and Leader of the Delegation)

2. Mr D Ximbi , ANC

3. Ms MC Mohale, ANC

4. Mr E Nyekemba, ANC (Acting Whip)

5. Ms Maluleka , ANC

6. Ms D Boshigo , ANC

7. Mr SJF Marais, DA

8. Prof CT Msimanga , IFP

9. Mr L Ramatlakane, COPE

Committee Support Staff

1. Mr TR Maleeme (Acting Committee Secretary)

2. Mr E Bazier (Committee Assistant)

3. Mr M Biyela (Committee Researcher)

4. Mr L Johannes (Ms. Mohale’s Aide)

For the Limpopo (31 July – 02 August) oversight visit, the multi-party delegation from the Portfolio Committee on Public Service and Administration consisted of the following members:

1. Mrs. JC Moloi-Moropa, ANC (Chairperson and Leader of the Delegation)

2. Ms MC Mohale, ANC

3. Ms Maluleka , ANC

4. Ms D Boshigo , ANC

5. Prof CT Msimanga , IFP

6. Mr L Ramatlakane, COPE

Committee Support Staff

1. Mr TR Maleeme (Acting Committee Secretary)

2. Mr E Bazier (Committee Assistant)

3. Mr M Biyela (Committee Researcher)

4. Mr L Johannes (Ms. Mohale’s Aide)

This report encapsulates the engagements of the delegation with the stakeholders the Committee interacted with during its oversight visit.

2. BACKGROUND

2.1 The Portfolio Committee on Public Service and Administration undertook an oversight visit to Gauteng and Limpopo Provinces on 24 - 26 July and 31 July - 02 August 2012 respectively. The Committee, as part of its oversight mandate, had systematically scrutinised source documents brought before its committee meetings by the executive and entities that report to the Committee. These included, amongst others, annual reports, legal frameworks, budgets, strategic plans, programmes and projects underpinning the successful delivery of public service and administration. It was therefore critical for the portfolio committee to verify the information provided at parliamentary meetings with site visits to ascertain the challenges and achievements in the delivery of public services and its administration by the civil servants.

2.2 The briefings by the officials from the Department and entities within the public service and administration sector, during this past term necessitated the Committee to prioritise the following areas as part of its oversight work for this period:

  • Visit to Government Employees Medical Scheme – Gauteng
  • Visit to Government Pension Administration Agency – Gauteng
  • Visit to Public Service Sector Education Training Authority (PSETA) - Gauteng
  • A joint visit with the Deputy Minister of Women, Children and People with Disabilities to Bosele School for the Blind in Limpopo
  • A meeting with the Premier of Limpopo and his executive, Auditor-General, Public Service Commission, Department of Public Service and Administration and National Treasury on progress made in respect of departments placed under administration in Limpopo

2.3 In most cases, the Committee conducts its engagements within the parliamentary precincts. It was therefore of interest to the Committee to verify information provided with site visits to ascertain the challenges and achievements within these institutions in their attempt to provide service delivery to ordinary people of South Africa . The Portfolio Committee has a constitutional responsibility to exercise oversight on matters regarding the provision of public services and clean administration as part of Government’s Priority Outcome 12. It was therefore prudent for the Committee to investigate and gather information that would assist in policy formulation and thus take a proactive role in the process of improving service delivery for all.

2.4 The Portfolio Committee’s oversight visit was therefore essential to begin to clarify, and critically engage the relevant stakeholders on, complex issues to get a balanced and holistic framework on which to base their future work.

3. OVERVIEW OF THE ENTITIES

3.1 The Government Pensions and Administration Agency (GPAA)

3.1.1 GPAA is a government component, established in terms of Section 7A (4) of the Public Service Act (1994) with effect from 1 April 2010. Its mandate is to render pensions’ administration and other relevant services to the Government Employees Pension Fund (GEPF) and the National Treasury, in accordance with the administration and service level agreement concluded by GPAA with the GEPF and the National Treasury. It has a responsibility to ensure effective, transparent, accountable and coherent governance of the pension funds currently administered.

3.1.2 GPAA has about five benefit and administration management programmes on which it operates/conduct its business. These includes inter alia :

(i) Civil Pensions Programme - which deals largely with military and special pensions, post-retirement medical subsidies and injury on duty (IOD) payments and benefits

(ii) Employee Benefits - which is all about Government Employees Pension Fund (GEPF) as per the Government Employees Pension (GEP) Law

(iii) Customer Relationship Management - which deals with the relationship with stakeholders and clients, employer education and client and employer liaison management. There are current 13 regional walk-in centres across the country to deal with concerns and queries of clients.

(iv) Support Services – which is responsible for strategy and policy including monitoring and evaluation of services provided. The other important aspects of this programme encompass the risk audit, legal and ICT services.

(v) Modernisation programme – this programme replaces the service delivery improvement programme (SDIP)

3.1.3 In terms of governance, the GEPF operates under its own Act, the Government Employees Pension Law of 1996 (as amended). The law defines the legal framework of the fund, including how it should be managed, its rules, who its members are, including how benefits ought to be funded, when actuarial valuations must be held and how the financial statements must be audited. The fund is managed by the Board of Trustees, who are accountable for the GEPF’s administrative and investment performance.

3.1.4 The fund invests in different sectors of the economy. It remains by far the most powerful investor in the South African economy with significant holdings in government bonds, including more than 50% of the government inflation-linked bond portfolio; corporate bonds; listed equity, including 10% of the Johannesburg Stock Exchange All Share Index; unlisted equity; and property. The fund has tremendous power at its disposal to be a responsible and positive investor looking for healthy returns for its members and pensioners, while directly contributing to South Africa ’s economic development and the correction of social backlogs.

3.1.5 Investments by the pension fund are carried out under the Developmental Investment (DI) policy of the Fund, which was introduced by the board of trustees, the executive staff of the fund, the National Treasury, the Public Investment Corporation (PIC), senior members of Government, the business community, labour, academia, the financial industry, and development agencies. The objective of GEPF’s developmental investment policy is to earn good returns for the members and pensioners of the fund, while also supporting positive, long-term economic, social and environmental outcomes for South Africa . The DI policy stems from the view that it is possible to generate positive sustainable long-term returns, while, at the same time, supporting useful outcomes such as making South Africa more competitive economically, which will see the reduction of social backlogs; greening the economy; creating jobs; and supporting transformation.

3.2 Key Observations - GPAA

3.2.1 The Committee was concerned that, despite the assertion by GPAA that it processed claims on time, members were inundated with calls in their respective communities of pension claims that had not been processed for over 365 days. A huge number of beneficiaries have not had access to their pension funds over the years. The Committee heard that employer departments have also had their fair share in the problem, as they do not submit exit documents on time and, if they did, there were a lot of errors supplied to the GPAA.

3.2.2 Client calls (prospective pensioners and pensioners) are not taken on time, until the client drops the call. GPAA reported that it takes an average of two minutes to take up a call, but many calls were dropped, because it had taken more than two minutes for client to be received.

3.2.3 It was commendable that there are currently 13 regional offices across the country; however, there has not been much improvement in accessibility to information and benefits, despite the establishment of these regional offices in all nine provinces.

3.2.4 The unclaimed benefit and tracing policy, which was approved by the board of trustees in December 2012, has not been implemented yet - it was scheduled to be implemented as from 01 April 2012

3.2.5 The delay in the processing of claims could be as a result of the unlegislated working relationship with employer departments. This concerned the Committee, as it hampered, or made it difficult for, the speedy payment of claims. The lack of a Memorandum of Understanding with government departments was a grey area, especially with the Department of Public Service and Administration as the employer.

3.2.6 The Committee was concerned about the money that was paid to fictitious bank accounts. Even though 12 cases against GPAA employees were opened, this was a cause for concern.

3.2.7 There were backlogs that spanned from 2005. GPAA had to process 20 000 documents.

3.3. Government Employees Medical Scheme (GEMS)

3.3.1 The mandate of GEMS is to provide public service employees with healthcare cover that is efficient, cost-effective and equitable, while affording additional choices to those employees that wish to purchase more extensive cover. The Scheme is governed and managed in accordance with the Rules of GEMS (articles of association), which are duly registered by the Registrar of Medical Schemes in accordance with the Medical Schemes Act. The Scheme reports to the Council for Medical Schemes and is defined as a body corporate that undertakes liability related to its members’ healthcare benefits in exchange for contributions.

3.3.2 The Committee was informed that GEMS commenced enrolling members from 1 January 2006. As GEMS is registered under the Act as a restricted membership medical scheme for public service employees, only persons employed in public service or by employers approved as participating employers by the Board of Trustees may become principal members of GEMS. In this regard, the Scheme also provides cover to employees of 13 other government-related employers who were admitted as participating employers since the establishment of the Scheme, such as the Council for Medical Schemes.

3.3.3 GEMS offer its members five different benefits options, namely Sapphire, Beryl, Ruby, Emerald and Onyx. GEMS contracts with operational service providers to deliver services to its beneficiaries. GEMS’ governance structure consists of a Board of Trustees that directs the Scheme’s activities; a Principal Officer, who implements the directives of the Board and is responsible for the day-to-day management of the Scheme; and executives that support the Principal Officer in monitoring and managing the service levels and adherence to contractual obligations by contracted service providers

3.3.4 .The Rules of GEMS provide for a Board of Trustees comprising 12 persons who are deemed fit and proper to be trustees. A total of 50% of the trustees are elected by members, while 50% are appointed by the Minister for the Public Service and Administration. The Board of Trustees exercises the powers and performs the duties provided for in the Act and the registered Rules of GEMS, including the determination of Scheme benefits and contributions

3.3.5 The procurement of services by the Scheme is governed by a rigorous Supply Chain Management Policy. In accordance with the policy, various controls were put in place to protect the integrity of the procurement process and to ensure that it will be able to withstand rigorous scrutiny.

3.4 Key Observations – GEMS

3.4.1 It was interesting to note that, as at 30 June 2012, the Scheme had registered 641, 922 principal members and covered over 1.7 million beneficiaries. The Scheme is the largest restricted medical scheme in the country.

3.4.2 The Scheme recorded an expected deficit of R100.3 million due to increased claims incurred in the period under review due to seasonality. The reserve ratio as at 30 June 2012 stood at 5.03% and is better than the budgeted reserve ratio of 6.09%.

3.4.3 The Committee noted that the scheme now covers over 57% of all employees in the Public Service.

3.4.4 The Scheme’s complaints and compliments experience over time is monitored rigorously and the Board of Trustees receives detailed reports on the Scheme’s complaints trends on a quarterly basis.

3.4.5 Non-healthcare expenditure (operational costs) at the end of the reporting period was 6.34% and is significantly lower than the industry benchmark of around 12 to 13%.

3.5 Public Service Sector and Training Authority (PSETA)

3.5.1 The Committee is grateful to have met with the PSETA board led by its Chairperson, Ms Koko Mashigo . She led the presentation and highlighted key issues with regard to PSETA. It was indicated that PSETA was established in terms of the Skills Development Act (SDA) and listed as a Schedule 3A public entity reporting to the Minister of Higher Education and Training (MHET), as the Executing Authority. Its legislative mandate is derived from the SDA, Skills Development Levies Act (SDLA), the Public Finance Management Act (PFMA) and National Skills Development Strategy (NSDS) III.

3.5.2 PSETA is primarily responsible for the facilitation and co-ordination of the provision of transversal skills in the Public Service and those skills that are exclusively the business of Government. Its core business is to support the development and promotion of skills and competencies. Operationally, the PSETA is mandated to identify skills shortages, facilitate training, and accredit constituent training providers. It also has a major responsibility to improve employment opportunities for the unemployed.

3.5.3 The relationship between PSETA and the Department of Public Service and Administration (DPSA) was explained in detail. PSETA was established in March 2000 as a SETA; however in November 2001 it was delisted and was placed under DPSA as a Chief Directorate within the Department. It was then later listed as a public entity in terms of the PFMA in February 2001. This was meant to ensure that it operated independently and accounted separately from DPSA. However, in April 2006, it was relisted as a public entity. DPSA merely acted as administrative and corporate management agent which saw staff from DPSA being seconded to PSETA. It was only in April 2011 that PSETA assumed full operational independence from DPSA. However, PSETA continues to be funded through a Treasury allocation via DPSA, with quarterly transfers being made to PSETA.

3.5.4 The Committee was further informed that the Minister of Higher Education and Training, together with the Minister of Public Service and Administration, had established an Inter-Ministerial Task Team to develop a viable funding model for PSETA, consisting of representatives from DHET, DPSA and National Treasury. The budget allocation of PSETA for 2011/12 was R21 million. PSETA is currently awaiting the finalisation of the funding model which will impact on the implementation of their strategic plan. The funding model proposes that government departments utilise the 1% of training budget by allocating 30% of 1% to SETAs (10% of 30% for operations, 20% for discretionary grants). A cabinet memo in this regard was expected to be finalised by end of July 2012.

3.5.5 Despite its challenges, the PSETA has successfully achieved its core business objectives which entails , amongst others, the updated evidence-based Sector Skills Plan. It has also disseminated the updated Career Guide, implemented career guidance initiatives in rural areas through the Shared Services Mobile Career Guidance Campaign , implemented capacity building of Skills Development Facilitators and members of Training Committees , developed a priority plan for PIVOTAL programmes (NSDS III Outcome 4.2) , engaged with FET Colleges and Higher Education Institutions , registered three learnerships , and provided mentorship training for 91 mentors in Gauteng, Limpopo, North West, Northern Cape and Free State.

3.6 Key Observations – PSETA

3.6.1 There seems to be a conflict in the roles of Public Service Sector Education and Training Authority (PSETA) and the Public Administration Leadership and Management Academy (PALAMA).

3.6.2 The Committee was gravely concerned about whether the mission statement of PSETA was achievable given their limited budget allocation and the fact that they have such a huge mandate to achieve. Due to funding constraints, PSETA acts more like a reporting agency, collating data on training interventions carried out by government departments. This results in more of a monitoring function, which effectively dilutes its mandate.

3.6.3 The Committee heard that PSETA existed as a chief directorate under the Department of Public Service & Administration, dependent on DPSA for corporate services and operational budget. This was concerning, and the Committee resolved to attend to this matter. DPSA would be contacted for a better understanding of the situation.

3.6.4 The fact that PSETA appeared in front of the SCOPA on two occasions during 2011/2 to address previous governance lapses and the Auditor-General’s disclaimer opinion talked to the urgency of the appointment of a permanent Chief Financial Officer for PSETA.

3.6.5 A lease agreement which the previous board entered into without following proper Supply Chain Management procedures in July 2010, had led to irregular expenditure of R5 million per annum. The Committee learned that the very same building was too big, too expensive and not disability friendly. The process to negotiate an exit agreement in an amicable way had not yielded positive results.

3.6.6 The Committee is concerned that a number of challenges within PSETA may not have been resolved. PSETA, as an entity, was placed under Administration for six months between 17 September 2010 – 6 April 2011 .

4. Meeting with Bosele Special School for the Blind and Deaf in Limpopo Province

4.1.1 The principal, Mr JR Dooka , welcomed all present at the meeting. He then requested everyone present to freely participate in the discussions and to be at home. The Chairperson, Mrs J Moloi-Moropa, gave a detailed background on the mandate of the Portfolio Committee on Public Service and Administration. She highlighted the reasons behind the Committee’s visit to Bosele School for the Blind and Deaf.

4.1.2. Bosele (which means ‘dawn”) is a school situated in deep rural area of Sekhukhune land (a Presidential nodal point) in Nebo district about 45km north-east of Groblersdal, in Mpudulle Village. The vision statement of Bosele is to create an educative environment, free from prejudice, which will ultimately create opportunities for learners with disabilities to realise and release their full potential in order to participate productively in the economy of the country.

4.1..3 The school was established in 1957, after research studies revealed a need for the establishment of such an institution due to the high concentration of people with visual and hearing disabilities in the area. The school opened with nine blind learners and five staff members. The school admits learners who are blind or whose visual acuity is such that they cannot benefit from the mainstream schooling. It will also consider admission of learners with severe learning disabilities based on the professional assessment and assessment by the admission panel and the availability of competent human resources, qualifications and skills to deal with the learning barrier in question.

4.1.4 The school currently caters for learners from nearby provinces such as Mpumalanga , Gauteng and North West . In Mpumalanga , particularly, there is a shortage of special schools for the blind and deaf. At Bosele , there are 34 classrooms, two of which are used as staffrooms. The revised National Curriculum Statement is implemented and adapted to suit the needs of the Blind and Deaf. The school currently caters for learners from Grade 0 – Grade 7 in both sections of the Blind and Deaf. In 2006, an autistic unit with 12 learners was added to the school.

4.1.5 The management and the governance arms of the school are headed by the School Management Team (SMT) and the School Governing Body (SGB). Parental involvement in the school was inadequate and worrisome. This is because the school has quarterly meetings, feedback sessions with educators and parents. It is in these meetings where various policies are formulated for operational and administrative compliance and efficiencies. These include, amongst others, religious policy, curriculum management, sports policy et cetera. The Committee was informed about support structures to the school, which play a major role in the smooth running of the school: the South African National Council for the Blind, Deaf Federation of South Africa, Blind SA, SA Library for the Blind, Tape Aids for the Blind, Autism South Africa, School-Based Support Team, Circuit-Based Support Team, District-Based Support Team and regular meetings held by the General Manager and Senior Manager of inclusive education.

5. Key Observations - Bosele School for the Blind and Deaf

5.1.1 The subsidy allocation of R2 146 000 to the school for 2012 is not enough to cater for students living with various disabilities. The allocation translates into a mere R17.16 per learner per day for this current financial year. The Committee is more concerned that this meagre allocation is expected to cover learning and teaching support material, food, cleaning material, payment of bills, travelling costs and maintenance of the school. What concerns the Committee more is that parents are expected to contribute R800 per learner per annum in the form of school fees to augment the subsidy,

5.1.2 The School cannot maintain their scholar transport, which includes servicing of the available fleet, renewal of licences and the grounding of vehicles over weekends and public holidays posed serious problems ..

5.1.3 The school has at present only 46 computers, 21 of which are out of order. As a result of having few computers, currently the school does not have functioning Braille translation software to translate word documents into Braille. As a result, the Committee was informed that special schools in South Africa have to rely on a company based in the Western Cape (Pioneer Printers) to produce academic Braille books for blind students for the whole country.

5.1.4 The environment in and around the institution is not accessibility-friendly to the disabled community. This is not in line with the prescripts and requirements of a resource centre. The Committee was shocked to learn that even the geyser system was not sufficient to provide hot water to all learners at one particular moment.

5.1.5 The school does not have professional support staff such as nurses, speech therapists, orientation and mobility instructors, sign language instructors or social workers.

5.1.6 The current model of redeployment of educators to special schools has negative consequences. Teachers without experience and proficiency in special education are redeployed to special schools.

5.1.7 In terms of hostel supervisory duties, the Committee was informed that a number of teachers who had done supervisory duties during the week and over the weekends had not been compensated at all for these sacrifices since January 2012.

6. MEETING WITH THE UNIVERSITY OF LIMPOPO TO DISCUSS CURRICULUM DEVELOPMENT

6.1.1 The Committee had arranged a panel discussion with the leadership of the University of Limpopo on the mainstreaming of the curriculum development and whether the current curriculum was relevant to the developmental plans led by Government.

6.1.2 There is increasing concern about the lack of relevance and effectiveness of many training courses and school curricula. It is well known that training, particularly in natural resource management, sometimes fails to meet the needs of different stakeholders and can be of poor quality, resulting in unsustainable outcomes. Participatory curriculum development is an emerging approach which builds on our experience of participation in rural development programmes and is becoming recognised more widely as a critical element in the success of education and training.

6.1.3 Curriculum development provides an opportunity for institutionalising a systemic approach to learning. It aims at integrating the recognition of the needs for learning, the ways in which learning is organised and delivered, and the way in which learning is monitored and evaluated within a particular context of location, values and beliefs. If curriculum development is carried out efficiently and effectively, the learning needs of learners will be met, teachers will teach more effectively, using suitable, relevant methods and materials, a good service will be delivered, satisfying the demands of different stakeholders, and the goals and aims of the education and training programme will be achieved

6.1.4 The University of Limpopo , led by the Vice-Chancellor, indicated strategies they employ to develop their programmes. It was indicated that programmes are developed in line with the strategic thrust of the University. The enrolment plan of the University is aligned to the province’s development plans. Currently the University of Limpopo has enrolled about 22 000 students for the 2012.

6.1.5 The University responds to issues raised by the Auditor-General, especially in municipalities. It is clear that there is a skills shortage in municipalities. Furthermore, there is a collaboration/working relationship between the University and the South African Broadcast Corporation (SABC) with regard to media studies. The University has a competency-based curriculum, where the University approaches the community-based organisation to find out how they can assist to cater for societal ills within the community. As a result of that process, the University develops a curriculum that aims to resolve the societal anomalies

7 Key Observations – University of Limpopo

7.1.1 The management of the University of Limpopo was concerned about the rate at which historically black universities are constantly being placed under administration. The agenda of the democratic government with regard to historically black universities was the bone of contention.

7.1.2 There was also a concern on whether the proposed legislation by the Ministry of Higher Education around the contentious issue of administrators had the interest of historically black universities at heart. The Minister of Higher Education needed to have a thorough discussion with the University leadership around this matter.

8. MEETING WITH THE PREMIER OF LIMPOPO AND MEMBERS OF THE EXECUTIVE COUNCIL ( MECs ) ON THE STATE OF PUBLIC SERVICE AND ADMINISTRATION

8.1.1 The Portfolio Committee had resolved to visit Limpopo Provincial Government after a meeting with National Treasury and the Department of Public Service and Administration to assess the state of public service and administration in that province. This was after it had been placed under administration by the South African Cabinet since 5 December 2011.

8.1.2 Section 100 (1) (b) of the Constitution, 1996, provides for the national executive to assume responsibility for the relevant obligation in that province to the extent necessary to: a) maintain essential national standards or meet established minimum standards for the rendering of a service; b) maintain economic unity; c) maintain national security or d) prevent that province from unreasonable action that is prejudicial to the interests of another province or to the country as a whole. Sub-section 100 (3) of the Constitution, 1996, refers to national legislation that “may regulate the process” established by section 100. It should be noted that such national legislation currently does not exist.

8.1.3 The approach of the Portfolio Committee on Public Service and Administration was to assess whether there has been improvement since the South African Cabinet’s intervention in terms of section 100 (1)(b) of the Constitution, 1996. The Committee requested the Public Service Commission, Auditor-General, National Treasury and DPSA to give their view on the current state of public service and administration in that province.

8.1.4 The Public Service Commission highlighted the following issues with regard to the state of the Public Service in Limpopo .

8.1.4.1 In terms of the National Anti-Corruption Hotline (NACH), cases received from the Limpopo Province have been low. Departments are required to provide feedback on the progress made with respect to the investigation of NACH cases within 40 days of the receipt of the case. In Limpopo Province , the feedback rate is 53%. The strategy to refer cases for investigation to departments is premised on the assumption that departments have the capacity to deal with cases. The feedback rate in Limpopo suggests that departments do not have the necessary investigative capacity.

8.1.4.2 Out of the 358 cases on which feedback was received, 61% are not finalized and closed on the Case Management System (CMS) as at 31 March 2012. It was reported that 40% of the reported cases in the province related to fraud and bribery, and 19% to procurement irregularities.

8.1.4.3 In terms of financial misconduct, in the Limpopo Province , the number of cases of financial misconduct has remained more or less the same over the last two years ( 73 in 2009/2010 and 77 in 2010/11). Corruption, fraud and theft represented 48, 1% of the cases, and financial mismanagement, gross negligence and misappropriation and abuse represented the remaining cases.

8.1.4.4 One of the contentious issues was around the expenditure versus the performance of the province. The PSC found that in most cases the entire budget was almost spent, yet the achievement of the predetermined outputs was low.

8.1.5 The National Treasury highlighted the following issues since its intervention in Limpopo Province :

8.1.5.1 The National Treasury indicated that financial stability in the province had more or less being achieved. The liquidity risk had been reduced significantly. There were now month-on-month spending trends for departments which were in line with other provinces. In an attempt to control growth in headcounts, there were processes in place to manage recruitment across the province. It was further indicated that recovery plans for the affected departments had been drafted by the various administrators and were presented for sign-off to national departments.

8.1.5.2 The Committee was informed that there has been interference by the Office of the Premier in issues related to HOD appointments, redeployment of senior staff, creation of parallel programmes to intervention, and duplication of treasury functions within OTP under 'what is called provincial protocol’. However, there were p ositive outcomes observed as a result of the commendable posture and strong support of the intervention staff from some national Directors-General. It was under these circumstances that even a relatively small intervention team deployed had a significant impact.

8.1.5.3 The National Treasury was of the view that a resolute stance was needed in respect of the appointment of administrators and accounting officers and practical support for existing deployees . There was a need for unequivocal endorsement of recovery plans by Ministers, including the Finance Minister, for each provincial department over which they are directly responsible. This will clarify the pre-eminence of national project plans over all other initiatives in provinces. There was a need for a panel that includes representatives of the Minister of Finance, to concur with all appointments of HODs for departments placed under intervention.

8.1.6 The Auditor-General highlighted the following issues with regard to the state of the Public Service in Limpopo .

8.1.6.1 T he departments and entities that have achieved the goal of clean audit outcomes (unqualified opinion with no findings) are characterised by having sound internal financial management and control systems that function effectively throughout the financial year. A high incidence of leadership involvement in monitoring these in-year processes was also noted.

8.1.6.2 On the other hand, the departments and entities that are still struggling to achieve to clean audit outcomes do not have effective continuous processes to ensure that information on financial performance is maintained and monitored throughout the period. Such information is only compiled at year-end and areas that need corrective action can consequently not be identified and addressed during the year. The financial information on which decisions are based must be credible and verified by the audit committee and internal audit on a quarterly basis.

8.1.6.3 The Limpopo Province has a shared audit committee which oversees all the departments in the province. The audit committee needs to improve on their monitoring of action plans and needs to play a greater role in ensuring the quality of annual financial statements prior to their submission for audit. Currently there is insufficient time between the annual financial statements being completed by auditors and the legislated submission date to A-GSA for either the audit committees or internal audit to contribute significantly to the quality of the financial statements.

8.1.6.4 The Premier and his leadership team must act decisively to implement corrective measures and address non-performance. It was further explained that departments should focus on addressing shortcomings in controls over capital assets, both moveable and immoveable. The A-G was concerned that the province, which has been without an asset management system for the past four years, faces a significant risk in sustaining positive audit outcomes, specifically around asset management. This is already evident in the 2011-12 financial year , where the Department of Roads and Transport faces a possible new qualification on assets, due to deficiencies identified around asset management.

8.1.7 The response by the Limpopo Provincial Government highlighted the following issues with regard to the state of the Public Service in Limpopo .

8.1.7.1 The presentation was led by Dr. Pheme on behalf of the director-general who had apologised due to the directors-general’s workshop that was taking place in Pretoria . Dr Pheme commenced his presentation by indicating that the province’s Compensation of Employees ( CoE ) was estimated to be approximately 68% of the total budget and this is well above the national norm for provinces of approximately 58%. It was indicated that the high CoE cost places tremendous budgetary constraints on the service delivery performance of the province. However, the Executive Committee (EXCO) took a decision that the province must reduce CoE by 2% per annum over the MTEF-period. Furthermore, the EXCO directed that a task team be set up to achieve the target of 2% reduction in CoE over the MTEF-period.

8.1.7.2 One of the eight principles of Plan of Action on Women Empowerment is equality in the work place, promoting employment equity status of women based on the NEDLAC mandate of reaching 50% target. The Committee was informed that the provincial treasury is the best performer in this area wherein they are at 49% for female SMS and 2.4% for persons with disabilities at SMS level.

8.1.7.3 The Committee heard that a ll departments in Limpopo have developed Service Standards for 2012/13 and the Service Delivery Improvement Plans for 2012/13. In strengthening and broadening public participation in local service delivery, ward committees have been established in all wards and are operational. A Municipality debt recovery forum has been established to address the debts owed to municipalities.

8.1.7.4 The province’s overall performance has improved by 10.23% between 23 April 2012 and 06 July 2012. It was further indicated that the province had received 28 corruption-related cases for the 1st Quarter, of which six cases were completed. Feedback to the public on anti-corruption hotline cases is provided through the Provincial Communication Services during the Limpopo Anti-Corruption Forum, as well as to complainants who are not anonymous.

8.1.7.5 In terms of the payments within 30 days, the rand value of invoices paid within 30 days has decreased from 82.94% in May 2012 to 78.96% in June 2012. The Office of the Premier is the best performer in this category, achieving 100% in June 2012. Leadership , financial and performance management , and governance have been identified as key areas in which action needs to be taken to improve audit outcomes.

8.1. Key Observations – Meeting with Limpopo Provincial Government

8.1.1 The Committee was gravely concerned that, since the South African Cabinet announced its intervention in the Limpopo provincial government, there has not been clearing of responsibilities by the administrators and the Provincial Executive Committee at the political level

8.1.2 The issue of lack of textbooks had not been cleared, despite the intervention of the administrators. The Committee was concerned at slow progress in this regard.

8.1.3 The lack of a Memorandum of Understanding (MOU) is a cause for concern. Indeed, there is no law that governs how the intervention should be processed. But the Committee found it totally unacceptable that, despite promises by Cabinet to have the MOU in place, by the time the Committee undertook its oversight visit, the MOU had not been signed, and thus there was no clear indication of roles between MECs and the Administrators.

12. CONCLUSION AND RECOMMENDATIONS

12.1.1 Unclaimed benefits go back as far as 2004/05 pensionable year, totaling R658 billion. The GPAA should devise a strategy to trace pensioners and their beneficiaries, given the fact that there were so many magnetic-tape rejections (R128 million) from beneficiaries’ banks for 2011/12 alone. The unit responsible for tracing beneficiaries should be capacitated with more staff.

12.1.2 The DPSA should ensure the availability of an MOU which will foster a working relationship between employer departments and GPAA to ensure speedy payments of claims. The lack of a Memorandum of Understanding with employer departments was a grey area, especially with the Department of Public Service and Administration as the employer.

12.1.3 The Department of Public Service and Administration should address what appears to be a conflict with regard to the roles of PSETA and PALAMA.

12.1.4 The lease agreement, which PSETA signed and cannot get out of, is taking a huge chunk of their limited budget, DPSA and NT should work with PSETA to find a solution to this problem through engagements with the landlord.

12.1.5 The Department of Education should make resources available for Bosele to have a media centre which will incorporate a Braille production unit. The unit should be capacitated with a full time Braille translator and thus alleviate the shortage of Braille books for students. This will go a long a way to ensuring that learning is not disrupted.

12.1.6 The movement of educators between mainstream and special schools needs to be overhauled.

12.1.7 The Minister of Higher Education should consider a meeting with the University of Limpopo management to address issues around the deployment of administrators.

12.1.8 The South African Cabinet, which took a decision to place Limpopo Province under administration, should facilitate, as a matter of urgency, the signing of the MOU between the Administrators and the Limpopo Provincial Government.

It is requested that the Minister of Public Service and Administration should attempt to ensure the implementation of all of the above recommendations.

Report to be considered.

Documents

No related documents