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PORTFOLIO COMMITTEE PRESENTATION: BREAKDOWN OF CLAIMS AGAINST DCS – 2007/08

PORTFOLIO COMMITTEE PRESENTATION: BREAKDOWN OF CLAIMS AGAINST DCS – 2007/08 DEPARTMENT OF CORRECTIONAL SERVICES (DCS). PURPOSE OF PRESENTATION. To brief the Portfolio Committee on the following: Litigation Claims against the Department of Correctional Services (DCS);

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PORTFOLIO COMMITTEE PRESENTATION: BREAKDOWN OF CLAIMS AGAINST DCS – 2007/08

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  1. PORTFOLIO COMMITTEE PRESENTATION: BREAKDOWN OF CLAIMS AGAINST DCS – 2007/08 DEPARTMENT OF CORRECTIONAL SERVICES (DCS)

  2. PURPOSE OF PRESENTATION To brief the Portfolio Committee on the following: • Litigation Claims against the Department of Correctional Services (DCS); • The Challenges faced by the Department; • Interventions to reduce litigation; and • Progress report: Investigation on the irregular spending on services related to the advertising of the DCS.

  3. CHALLENGES FACING DCS ON LITIGATION • Managers not ensuring compliance with policies of the Department. • Managers failing to take proper action against employees transgressing against legislation and policies of the Department and government. • Department has no control over period it takes to finalize the matter. • Use of manual database – cumbersome and not cost-saving. • Increase capacity of legal staff.

  4. WHAT IS DCS DOING TO REDUCE CLAIMS? • Workshops on prominent legal issues and decided case affecting the Department. • Where fault is attributable to the official’s gross negligence claim to be made against his or her salary / pension fund. • Timeous response to letters of demands . • Monitor litigation trends and develop strategies to deal with prominent legal issues. • DCS currently developing an electronic database system to enable monitoring of cases and trends. • Continuous research on case law and legislation to properly advise decision-makers. • Alignment of structure will address the problem of capacity in Legal Services.

  5. PROGRESS REPORT: IRREGULAR SPENDING ON SERVICE RELATED TO ADVERTISING DCS ON THE INTRANET • Investigation completed. • Findings: - No approval to dispense with competitive bidding process was obtained from delegated authority. - Director committed an act of financial misconduct in terms of section 81 (1) (b) of the PFMA. - Deputy Director SADAC constitute irregular expenditure as defined by section of 1 of the PFMA and is in contravention of section 45 (c) of the same Act. - Written warning given against the official - Deputy Director resigned.

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