PRESENTATION TO PORTFOLIO COMMITTEE PROGRESS REPORT ON PRECAUTIONARY SUSPENSIONS IN DCS Presented by CDC Corporate S

2. Purpose of presentation To brief the Portfolio Committee on: Precautionary suspensions for the first quarter of the 2008/9 Financial Year (April – June 2008); Interventions to manage suspensions; and To address questions raised during previous briefings

3. BACKGROUND In the 2006/07 financial year the Department reported 483 suspensions at a cost R9,794,001.85 In the 2007/08 financial year the Department reported the suspension of 509 employees at a cost of R15,070,955. During the previous discussions on the matter, the Portfolio Committee asked for a further breakdown of the suspensions and interventions to deal with the issue of suspensions Suspension costs for previous years: 2004/5: 760 employees suspended R21 334 000.00 2005/6: 738 employees suspended R34 058 000.00 2006/7: 483 employees suspended R9 794 000.00 2007/8: 509 employees suspended R15 070 955 .00 2008/9, 1st quarter R2 098 680 .00Suspension costs for previous years: 2004/5: 760 employees suspended R21 334 000.00 2005/6: 738 employees suspended R34 058 000.00 2006/7: 483 employees suspended R9 794 000.00 2007/8: 509 employees suspended R15 070 955 .00 2008/9, 1st quarter R2 098 680 .00

4. NATIONAL ANALYSIS OF SUSPENSIONS – PER REGION: APRIL TO JUNE 2008

5. NATIONAL ANALYSIS OF SUSPENSIONS – IN TERMS OF TIME FRAMES: APRIL TO JUNE 2008

6. SUMMARY OF SUSPENSIONS PER REGION WITH AN INDICATION OF COSTS FOR THE PERIOD 1 APRIL TO 30 JUNE 2008

7. Cost analysis The cost analysis indicates a downward trend and a slight decline in comparison to the previous (2007/8 FY) reporting year. The trends were influenced by a reduction in the number of suspensions (from 165 in Dec 2007 to 136 in June 2008) in general and those pending for periods longer than 12 months (from 41 to only 23). The two cases referred to relate to Barberton Management Area in the Limpopo/Mpumalanga/North West Region. These cases were pending since June 2005 – for 36 months. Both these cases were finalized during July 2008. According to the latest information received from Regions there are no suspensions pending longer than 12 months.The two cases referred to relate to Barberton Management Area in the Limpopo/Mpumalanga/North West Region. These cases were pending since June 2005 – for 36 months. Both these cases were finalized during July 2008. According to the latest information received from Regions there are no suspensions pending longer than 12 months.

8. CASES OUSTANDING LONGER THAN 12 MONTHS

9. LIMPOPO/MPUMALANGA/NORTH WEST 2 Cases at Barberton pending for longer than 24 months One case (pending for 35 months) relates to unauthorized absence and the other (also pending for 35 months) to theft of prisoner’s money. Although these cases were still pending at the end of June 2008, both cases were finalized during July 2008 and the suspensions subsequently lifted. Refer to the cases of: L E Nkosi, Barberton – pending for 35 months, dismissed for unauthorized absence; and T V Ngomane, Barberton – pending for 35 months, dismissed for theft of prisoners cash. Although both cases were recorded as pending during June 2008, they have been finalized in July 2008.Refer to the cases of: L E Nkosi, Barberton – pending for 35 months, dismissed for unauthorized absence; and T V Ngomane, Barberton – pending for 35 months, dismissed for theft of prisoners cash. Although both cases were recorded as pending during June 2008, they have been finalized in July 2008.

10. GAUTENG4 Cases pending longer than 12 months: 1 x case at Johannesburg resulted in dismissal for possession of dagga. Currently pending awaiting the outcome of appeal. 1 x case at Pretoria for shooting and killing a probationer. The suspension was uplifted on 30 June 2008. 2 x cases at Zonderwater – one a sexual harassment case (at appeal stage) and the other corruption relating to remunerative work outside the DCS without approval (awaiting a decision from the Minister). Case of S S Mkize, Johannesburg Medium A Centre, dismissed for possession of contraband (dagga). Awaiting outcome of appeal. Case of O Masalo, Pretoria Management Area, disciplined for serious negligence in a shooting incident where a probationer was killed. Although the outcome of the disciplinary hearing is not known, the suspension was lifted on 30 June 2008. Case of M G Mthimunye, Zonderwater Management Area, dismissed for sexual harassment. The matter resulted in a rehearing and again a dismissal. The appeal hearing is currently in progress. Case of A W Campbell, Zonderwater Management Area, dismissed pending appeal. The disciplinary process was stopped as a result of a plea to the Minister. The RC is currently awaiting a decision from the Minister. (The Minister should not get himself involved in cases intervening with a quasi judicial process. This could create a serious precedent and can be abused by scrupulous elements against the DCS.) Case of S S Mkize, Johannesburg Medium A Centre, dismissed for possession of contraband (dagga). Awaiting outcome of appeal. Case of O Masalo, Pretoria Management Area, disciplined for serious negligence in a shooting incident where a probationer was killed. Although the outcome of the disciplinary hearing is not known, the suspension was lifted on 30 June 2008. Case of M G Mthimunye, Zonderwater Management Area, dismissed for sexual harassment. The matter resulted in a rehearing and again a dismissal. The appeal hearing is currently in progress. Case of A W Campbell, Zonderwater Management Area, dismissed pending appeal. The disciplinary process was stopped as a result of a plea to the Minister. The RC is currently awaiting a decision from the Minister. (The Minister should not get himself involved in cases intervening with a quasi judicial process. This could create a serious precedent and can be abused by scrupulous elements against the DCS.)

11. GAUTENG (Cont) 7 Cases outstanding for longer than 24 months 1 x case at Baviaanspoort, pending for 26 months - involving a former Head of Prison dismissed for gross negligence and breaching of internal security arrangements. Chairperson of appeal withdrew and new chairperson must be appointed. 1 x case at Leeuwkop, pending for 31 months - dismissed for contravening the DCS Act and Regulations. Awaiting the outcome of appeal. 1 x case at Pretoria Central, pending for 35 months, dismissed for receiving money from an inmate’s family. Awaiting the outcome of appeal. 1 x case involving two (2) female employees from Pretoria Female Centre, pending for 34 months, dismissed for theft of a fellow-employee’s credit card. Awaiting outcome of Labour Court Judgment. 1 x case at Pretoria Central, pending for 35 months, dismissed for negligence that led to escape of an inmate. Employee reinstated during June 2008 and suspension lifted. 1 x case at Zonderwater, pending for 30 months, dismissed for breaching security measures (hostage incident during 2005). Dismissal upheld on appeal. Case of M Palvie, pending for 26 months, former Head of Emthonjeni, who got promoted to DD and Head of Prison Middeldrift in Eastern Cape, but dismissed soon thereafter in Gauteng for gross negligence and breaching of internal security arrangements – incident where two female nursing staff were seriously assaulted by inmates with steak knives that the females smuggled into the workplace to prepare food for themselves. Case of G T Maimela, Leeuwkop, pending for 31 months, dismissed for contravening the DCS Act and Regulations. Appeal was finalized on 22 May 2008. Currently await the outcome of appeal. Case of M I Mogotlane, Pretoria Central, pending for 35 months, dismissed for receiving money from an inmate’s family. Awaiting outcome of appeal. And Case involving two female employees from Pretoria, D E Motene and L T Ramorotho, pending for 34 months, dismissed for stealing a colleague’s credit card. It is not understood why Gauteng is not stopping their salaries. In terms of policy, once a decision is reached on appeal the employee is considered out of the department’s service. Case of I G Seipato, Pretoria Central, pending for 35 months, dismissed for negligence that led to an escape. Mr. Seipato was reinstated during June 2008 and the suspension subsequently uplifted. Case of G M Mthimkhulu, Zonderwater Medium A, pending for 30 months, dismissed for breaching security arrangements – hostage drama during 2005. Dismissal was upheld at appeal. The employee should therefore reflect as terminated on PERSAL. Do not understand why he is still reported as suspended. Case of M Palvie, pending for 26 months, former Head of Emthonjeni, who got promoted to DD and Head of Prison Middeldrift in Eastern Cape, but dismissed soon thereafter in Gauteng for gross negligence and breaching of internal security arrangements – incident where two female nursing staff were seriously assaulted by inmates with steak knives that the females smuggled into the workplace to prepare food for themselves. Case of G T Maimela, Leeuwkop, pending for 31 months, dismissed for contravening the DCS Act and Regulations. Appeal was finalized on 22 May 2008. Currently await the outcome of appeal. Case of M I Mogotlane, Pretoria Central, pending for 35 months, dismissed for receiving money from an inmate’s family. Awaiting outcome of appeal. And Case involving two female employees from Pretoria, D E Motene and L T Ramorotho, pending for 34 months, dismissed for stealing a colleague’s credit card. It is not understood why Gauteng is not stopping their salaries. In terms of policy, once a decision is reached on appeal the employee is considered out of the department’s service. Case of I G Seipato, Pretoria Central, pending for 35 months, dismissed for negligence that led to an escape. Mr. Seipato was reinstated during June 2008 and the suspension subsequently uplifted. Case of G M Mthimkhulu, Zonderwater Medium A, pending for 30 months, dismissed for breaching security arrangements – hostage drama during 2005. Dismissal was upheld at appeal. The employee should therefore reflect as terminated on PERSAL. Do not understand why he is still reported as suspended.

12. FREE STATE & NORTHERN CAPECases pending for longer than 12 months Only 1 x case - Kroonstad Medium B Centre, pending for 15 months, dismissed for sexual activity with an inmate. Dismissal was upheld on appeal and services terminated during June 2008. Case can be considered as finalized. Case of I T Pieterson, Kroonstad Medium B Centre, pending for 15 months, dismissed for sexual activity with an inmate. Appeal finalized and dismissal confirmed on 17 June 2008. Case can be regarded as finalized. Case of I T Pieterson, Kroonstad Medium B Centre, pending for 15 months, dismissed for sexual activity with an inmate. Appeal finalized and dismissal confirmed on 17 June 2008. Case can be regarded as finalized.

13. EASTERN CAPE Cases pending for longer than 12 months Only 1 X case at St Albans, pending for 14 months, dismissed for smuggling money to an inmate. Case dealt with by Code Enforcement. Awaiting outcome of appeal. Case of H van Zyl, St Albans Medium B, pending for 14 months, dismissed for smuggling money received from a member of the SAPS to an inmate. Awaiting the outcome of appeal.Case of H van Zyl, St Albans Medium B, pending for 14 months, dismissed for smuggling money received from a member of the SAPS to an inmate. Awaiting the outcome of appeal.

14. KWAZULU/NATAL 7 Cases pending for longer than 12 months 1 x case at Durban, pending for 23 months, dismissal for breaching internal security arrangements. Awaiting appeal hearing; 2 x cases at Durban, pending for 18 months, dismissed for bribery and corruption. Awaiting appeal hearing; 1 x case at Durban, pending 14 months, dismissed for dealing in alcohol on the premises. Awaiting appeal hearing; 3 x cases at Durban, pending for 23 months, dismissed for breaching internal security measures. Await outcome of appeal. Case of A Naidoo, Durban Medium A, pending 23 months, dismissed for breaching internal security arrangements. Await appeal hearing. and Cases of MC Baloyi and CM Nene, Durban Medium A, dismissed for bribery and corruption. Await appeal hearings. Case of L K Walljee, Durban Medium A, pending 14 months, dismissed for dealing in alcohol on the Management Area premises. Await appeal hearing. 6 and 7. The case of L Pakkiri, V Chetty, and M Govender, Durban Medium C, pending 23 months, dismissed for breaching internal security arrangements. Await outcome of appeal hearing. Case of A Naidoo, Durban Medium A, pending 23 months, dismissed for breaching internal security arrangements. Await appeal hearing. and Cases of MC Baloyi and CM Nene, Durban Medium A, dismissed for bribery and corruption. Await appeal hearings. Case of L K Walljee, Durban Medium A, pending 14 months, dismissed for dealing in alcohol on the Management Area premises. Await appeal hearing. 6 and 7. The case of L Pakkiri, V Chetty, and M Govender, Durban Medium C, pending 23 months, dismissed for breaching internal security arrangements. Await outcome of appeal hearing.

15. KWAZULU/NATAL (Cont) 2 Cases pending for longer than 24 months 1 x case at Waterval, pending for 40 months, dismissed for fraud. Await outcome of appeal. (Appeal handed to RC’s office on 8 August 2008 for a decision) 1 x case at Durban Female Centre, pending for 26 months, dismissal for gross negligence. Pending outcome of appeal hearing. Case of J B Mbatha, Waterval Medium B, pending for 40 months, dismissed for fraud. Appeal hearing finalized on 8 August 2008 and referred to the RC for a decision. Case of a Ms. T D Meyer, Durban Female Centre, dismissed for gross negligence. The appeal was referred to the RC for a decision.Case of J B Mbatha, Waterval Medium B, pending for 40 months, dismissed for fraud. Appeal hearing finalized on 8 August 2008 and referred to the RC for a decision. Case of a Ms. T D Meyer, Durban Female Centre, dismissed for gross negligence. The appeal was referred to the RC for a decision.

16. INTERVENTIONS BY DCS MANAGEMENT

17. Interventions in managing suspensions During the 2007/8 FY training on the Disciplinary Code and Procedure was conducted in all Regions. The aim was to increase capacity in the DCS. This training included training on the management of suspensions, abiding by time frames of suspensions as well as the sanctions that would be imposed on managers who fail to effectively manage suspensions. 500 managers have been trained already on the management of discipline. Unfortunately, due to a lack of financial resources in the 2008/9 FY the training could not continue.

18. Interventions in managing suspensions The emphasis in the monitoring of suspensions is placed on information management. Regional management needs to keep track of suspensions. Previously the lack of updated records has been part of the problem in the management of suspensions A monitoring tool has been developed for RC’s and AC’s to monitor suspensions in their own areas. This monitoring tool involves the maintenance and monthly submission of Employee Relations Management Information System (ER MIS) information (which includes statistics on suspensions, time frames of suspensions per management area) to Head Office. This allows for the identification of red flag areas and determination of timeous interventions.

19. Interventions in managing suspensions Head Office personnel have, during April to June 2008, conducted monitoring visits in the Regions. These visits are aimed not only at monitoring but empowering Area Coordinators, Regional Coordinators Employee Relations (ER) and Human Resources personnel on the management of the ER MIS - both manual and electronic So far KwaZulu Natal, Eastern Cape, LMN and Gauteng have been visited. The remaining regions will be visited during the remainder of the financial year. Presentations were tabled and discussed at the past two meetings of the Regional Commissioners’ Forums.