Forensic Investigation Report: The Heritage Foundation - SAHRA Partnership Review

1. Presentation of the Heritage Foundation Investigation to the Portfolio Committee 25 October 2016 Presented by: VeliswaBaduza Chief Executive Officer

2. Contents Purpose Mandate of SAHRA (Sec 36) Background Scope of work Summary of Findings on the MoU Review of Payments made by SAHRA to the Heritage Foundation Audited Financial Statements of The Heritage Foundation Project Management and Expenditure Monitoring Review on the Black Concentration Camps / Heritage Site Conclusion 1

3. Purpose The purpose of this presentation is to present to the Portfolio Committee the final report of the Forensic investigations conducted by UBAC on The Heritage Foundation partnership with SAHRA 2

4. Mandate of SAHRA on Burial Grounds and Graves Sec 36 of the National Heritage Resources Act, no 25 of 1999 (NHRA) states as follows: (1) Where it is not the responsibility of any other authority,SAHRA must conserve and generally care for burial grounds and gravesprotected in terms of this section, and it may make such arrangements fortheir conservation as it sees fit (2) SAHRA must identify and record the graves of victims of conflictand any other graves which it deems to be of cultural significance and mayerect memorials associated with the grave referred to in subsection (1),and must maintain such memorials 3

5. Background UBAC (Pty) Ltd was appointed by SAHRA to conduct a forensic investigation into funds allocated to “The Heritage Foundation” for the period 2011 to 2013 The Heritage Foundation is a duly registered and incorporated section 21 company, its main object being the conservation of heritage resources which are an important chapter of the South African history and of special cultural significance to the Afrikaans section of the South African Community Funds totalling R 2, 250, 000.00 were transferred from SAHRA to The Heritage Foundation for the restoration, conservation, and management of identified burial and memorial sites in terms of an MoU signed by the parties 4

6. Scope of Work • The objectives of the investigation were as follows: • Conduct a review of the respective MoU entered into between SAHRA and The Heritage Foundation and to establish compliance; • Investigate any irregularities identified with regards to the restoration and conservation management of identified burial and memorial sites in terms of the MoU; • Determine if there was any preferences and / or segregation in respect of work undertaken by the “The Heritage Foundation; • Reconcile and review all payments made to “The Heritage Foundation“ by SAHRA; 5

7. Scope of Work cont’d. • Request and review the Statements of Income and Expenditure for the respective years relating to funds received from SAHRA; • Request and review the breakdown of expenditure incurred in respect of funds received from SAHRA; • Identify and investigate any irregularities in terms of the Statement of Income and Expenditure and breakdown of expenditure as provided by “The Heritage Foundation”; • Determine ownership of sites and investigate any irregularities identified; • Conduct interviews, where necessary with relevant stakeholders at SAHRA and “The Heritage Foundation”. 6

8. Summary of Findings on the MoU • The former CEO, Ms Van Damme had exercised her delegation of authority in concluding the MoU between SAHRA and The Heritage Foundation as the MoU did not make reference to a stipulated budget required • The MoU did not make provisions for the following: • Duration of MoU; • Budget Provisions; • Project Specifics; and • Addendums. • The MoU was not concluded in the best interest of SAHRA as relevant information • and clauses were omitted 7

9. Recommendations • In future all contracts entered into between SAHRA and respective parties are vetted by SAHRA’s internal legal division or an external legal service provider to ensure that all interests of SAHRA are protected • This recommendation has already been implemented. All contracts and MoUs are duly vetted by the Legal Unit. • SAHRA ensures strict compliance and adherence to Governance and Delegation of Authority in terms of the PFMA, Act 1 of 1999 (as amended) • The financial delegations were approved in 2013 and implemented accordingly 8

10. Forensic Conclusion on the MoU The former CEO Ms Van Damme was authorised to conclude the MoU entered into between SAHRA and The Heritage Foundation The omission by SAHRA to ensure that the MoU included specific provisions with regards to budgets, duration, project specifics and addendums, has disadvantaged SAHRA’s rights to dispute any of the expenditure incurred by The Heritage Foundation The Heritage Foundation had latitude to act at their own discretion and had unconditional authority over the MoU SAHRA accepts liability for the MoU that was entered into between the respective parties and considers this matter as finalised 9

11. Review of Payments made by SAHRA to The Heritage Foundation • Findings: • The following payments were made by SAHRA to The Heritage Foundation: • 31 May 2011 - R 750,000.00; Authorised by Ms S Van Damme • November 2012 - R 750,000.00; Authorised by Ms Mmabatho Ramagoshi • May 2013 - R 750,000.00; Authorised by Ms Mmabatho Ramagoshi • Conclusion: • There is no evidence which suggests any irregularities with payments made by SAHRA to The Heritage Foundation • All payments were duly authorised by the former CEO Ms S Van Damme and the former Acting CEO Ms M Ramagoshi and were in line with the provisions of the MoU 10

12. Audited Financial Statements of The Heritage Foundation 11

13. Conclusion on Project Management and Expenditure Monitoring • The R 2 250 000.00 that was paid to The Heritage Foundation was for the • restoration, conservation, and management of identified burial and • memorial sites • Approximately 90 (ninety) percent of the expenditure incurred was for • operational needs and 10 (percent) was expenditure incurred for the • restoration, maintenance and material • The expenditure incurred by The Heritage Foundation cannot be disputed as SAHRA as the custodian did not ensure effective contract management in • respect of the MoU entered into between the respective parties 12

14. Conclusion on Project Management and Expenditure Monitoring cont’d • SAHRA had an obligation to provide continuous monitoring of the utilisation of funds by The Heritage Foundation and determine “value for money” • The summary of expenditure provided by The Heritage Foundation be • accepted as a true reflection of expenditure incurred for the respective years • There is no evidence which suggest that SAHRA had suffered financial • prejudice by entering into the MoU between the respective parties as proof of work undertaken by the Heritage Foundation was made available to SAHRA 13

15. Recommendation on Project Management and Expenditure Monitoring SAHRA ensures that with regards to all future projects, a suitably qualified Project Manager is appointed to manage and control the implementation of the financial resources of SAHRA Project Management has been identified as a skills gap that is currently provided for in our Training Plan and some staff members have undergone training in Project Management The delegation of authority framework must ensure that the designated official is held accountable for the administration and management of the project delegated The delegation of authority will be reviewed to incorporate the recommendation 14

16. Review on the Black Concentration Camps / Heritage Site • Findings: • The Former Acting CEO, was of the view that no “Black” concentration camps or sites were identified when the MoU was entered into between the respective parties and that The Heritage Foundation was acting contrary to paragraph 3,1 of the MoU • Paragraph 3.1 of the MoU states that “ the aim of this document is to bring an • understanding of the agreement for the conservation and management of mutually • agreed white and black concentration camps, prisoner of war graves aboard, graves • and cemeteries, including the Burgher graves (Anglo - Boer South African War 1899 • - 1902) in South Africa.” • The list of projects submitted in the email dated 14 January 2011, did not • make provision for any “Black” concentration camp or heritage site 15

17. Review on the Black Concentration Camps / Heritage Site cont’d “The MoU only provided, in the broadest sense of the word “for the conservation and management of mutually agreed white and black concentration camps, prisoner of war graves and cemeteries including Burgher graves (Anglo-Boer South African War) Nowhere in the MoU is there any mention whatsoever of any site or cemetery by name 17

18. Review on the Black Concentration Camps / Heritage Site cont’d In a written submission made to SAHRA, Mr GN Opperman stated the following: “It was virtually impossible to determine the exact location of the vast majority of the black concentration camps. This prompted The Heritage Foundation to embark on exhaustive research into the subject, the results of which were given to SAHRA, ex gratia after the decision was announced not to extend the MoU beyond 31 March 2014. The Heritage Foundation in the course of its own research succeeded to pinpoint the exact locations of the following black concentration camp/ cemeteries/ graves and did effect repairs at some of the sites: 18

19. Black Concentration Camps Identified and Repaired by The Heritage Foundation Doornbult, Orange River Station (NC Province), near Hope Town. It has been established that there are a few graves of black persons in this cemetery, and that in some cases black and white victims were buried in the same graves Krugersdorp (Gauteng Province) Although the GPS coordinates of this camp appear on the EGGSA website, and there is a monument in the municipal cemetery honouring the inmates of both the white and the black concentration camps, it is believed that the black concentration camp site was some distance away, on what is now a game farm Balmoral (...Province). This site is listed by the UCT as being both a black and a white camp 19

20. Black Concentration Camps Identified and Repaired by The Heritage Foundation Allen (also known as Brandfort - FS Province). The Heritage Foundation during the course of 2013 effected exhaustive repairs in the black cemetery opened by President Thabo Mbeki on the farm belonging to Mrs Charmaine Alberts Aliwal North (EC Province)The Heritage Foundation cleaned up the area of the white concentration camp cemetery in the town. The UCT data base merely says that there was a black camp site “nearby” 20

21. Black Concentration Camps Identified and Repaired by The Heritage Foundation Heidelberg (Gauteng Province) It is known that there was a black camp site close to where the R42 crosses the N3, approximately 2 kms from Heidelberg. There is a plaque indication the spot, but no other sign of any cemetery that could be repaired or maintained Klerksdorp (North West Province). The repair and maintenance of the graves in the white concentration camp site in the old municipal cemetery was taken over from The Heritage Foundation by members of the local community. Tended to the few black graves from that period in the nearby black concentration camp cemetery 21

22. Conclusion on the Rehabilitation of the Black Concentration Camps • The Heritage Foundation did take steps to address the “Black” concentration camp, cemeteries and graves. The expenditure incurred may be regarded as minimal compared to that incurred for the “White” camp, cemeteries and graves • The SAHRA officials responsible for the management of this Project should have ensured that The Heritage Foundation was assisted with this process of identification of “Black” camps, cemeteries and graves and implemented a plan of action to address this matter adequately 22

23. Conclusion on Rehabilitation of the Black Concentration Camps cont’d • SAHRA must accept responsibility as continuous co-operation and • monitoring with The Heritage Foundation would have produced favourable results to the benefit of the restoration and preservation of “Black” camps, cemeteries and graves • No corrective action may be instituted against the former CEO Ms Van Damme, the former Acting CEO Ms Ramagoshi and the former manager: BGG Mr Phili as they are no longer in the employment of SAHRA 23

24. Conclusion While some of the internal control recommendation have already been addressed, we are enjoined by the NHRA to continue with the rehabilitation and maintenance these historic Camps We have already embarked on a process of conducting condition assessments of some of these camps. To date, four provinces have been covered i.e North West, Mpumalanga, Gauteng and the Free State. Once the assessment is completed, a comprehensive Condition Assessment Report will be done with recommendations for intervention on each site. 24

25. Conclusion cont’d The challenge with Black Concentration camps is largely their location. Because they were not marked, fenced off or historically preserved, they are hard to identify unless some marker was put such as in Klerksdorp. It is suspected that some lie in places that have become farms etc, whereas generally white concentration camps or their memorials are located close to towns. This is a general pattern of the provinces assessed thus far. Black Camp - Klerksdorp 25

26. Conclusion cont’d • Amongst concentration camps visited are: • Mpumalanga Province • Middelburg Concentration Camps (3) • Volkrust Town Hall Memorial and Gravesite Memorial (2) • Barberton Concentration Camp Memorial (1) • Dullstroom Concentration Camp Memorial ( 1) • Standerton Concentration Camp (1) • North West Province • Vryburg Concentration Camp (1) • Mahikeng Concentration camps (2) • Klerksdorp (2) One Black and one White camp • Potchefstroom Concentration Camp and Memorial (2) • . Polokwane Black Camp Whites Camp Barberton - Mpumalanga 26

27. Conclusion cont’d • Gauteng Province • Irene Concentration Camps (2)One Black and one White • camp • We are also working on a strategy to implement sustainable conservation of all these camps • We see this as an opportunity for Job Creation and we will engage strategic partners such as the Private Sector, Department of Defence and Military Veterans as well as the Provincial Heritage Resources Authorities and/or conservation bodies in furthering this mandate. Vryburg Camp 27

28. THANK YOU T: +27 21 462 4502 | F: +27 21 462 4509 | E: info@sahra.org.za South African Heritage Resources Agency - Head Office 111 Harrington Street | Cape Town P.O. Box 4637 | Cape Town | 8001