DEPARTMENT OF CORRECTIONAL SERVICES 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); 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. - Premise of the White Paper = Constitution and other international instruments to which South Africa has acceded

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. - Premise of the White Paper = Constitution and other international instruments to which South Africa has acceded

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. This is actually not a new insertion but just change of names from Manager to Commissioner, and Commissioner to National Commissioner. Shouldn’t have underlined the whole section but reflected the deletion of “Manager” through bold and bracket, and insertion of “Commissioner” after it. – Plus the underlining of “National” before the Commissioner. To make a distinction since the DCS has Commissioners at different levels and Area Commissioner is not appointed by any of the other levels but by the National Commissioner who is the head of the Department. " 'care' refers to the provision of services aimed at fulfilling the basic needs of offenders in order to develop, maintain and enhance the well-being of persons under the authority of the Department;" - other services of care like the relationship with Home Affairs – for IDs, Education; IEC – for voting rights, etc. kjhkjj

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. This is actually not a new insertion but just change of names from Manager to Commissioner, and Commissioner to National Commissioner. Shouldn’t have underlined the whole section but reflected the deletion of “Manager” through bold and bracket, and insertion of “Commissioner” after it. – Plus the underlining of “National” before the Commissioner. To make a distinction since the DCS has Commissioners at different levels and Area Commissioner is not appointed by any of the other levels but by the National Commissioner who is the head of the Department. " 'care' refers to the provision of services aimed at fulfilling the basic needs of offenders in order to develop, maintain and enhance the well-being of persons under the authority of the Department;" - other services of care like the relationship with Home Affairs – for IDs, Education; IEC – for voting rights, etc. kjhkjj