Presentation to Portfolio Committee on Precautionary Suspensions in DCS Introduction to Central Services Branch Building a caring correctional system that truly belongs to all Presented by: CDC Corporate Services Date: 26 February 2008

Purpose of presentation To brief the Portfolio Committee on: Precautionary suspensions Interventions to manage suspensions Address questions raised during previous briefings

2006/7 Financial year

BACKGROUND In the 2006/07 financial year the Department reported 483 suspensions at a cost R9 794 001.85 During discussions on the Annual report, the Portfolio committee asked for a further breakdown of the suspensions and interventions to deal with the issue of suspensions

Total suspensions per Region for the period 1 April 2006 to 31 March 2007 Total number of employees suspended Total number of employees suspended for longer than 30 days GT 85 56 KZN 73 WC 128 110 LMN 44 16 FS & NC 89 26 EC 64 Total 483 325

Cost analysis on suspensions for the past four years (2003/4 to 2006/7)

Cost analysis cont.. The cost analysis indicates an upward trend for two years and a sharp decline in the reporting year in question, that is 2006/07 financial year The trends were influenced by a number of factors as the Department strengthened its resolve in dealing with corruption and mal-administration

SUSPENSIONS DURING THE 2007/8 FINANCIAL YEAR UP TO DECEMBER 2007

SUMMARY OF TOTAL EMPLOYEE SUSPENSIONS PER REGION FOR THE PERIOD 1 APRIL TO 31 DECEMBER 2007 May Jun Jul Aug Sep Oct Nov Dec Cost GT 80 84 121 60 120 53 54 52 5 347 361.33 KZN 38 27 26 42 43 39 2 437 716.19 WC 23 19 22 29 28 7 1 319 088.12 LMN 13 15 18 10 17 785 473.32 FS & NC 11 16 5 24 1 041 372.26 EC 25 21 20 30 1 467 104.49 HO 2 3 1 297 163.42 Total 194 192 219 175 234 164 174 162 165 12 695 279.13

EMPLOYEES SUSPENDED FOR LONGER THAN 3 MONTHS WITHIN THE PERIOD 1 APRIL TO 31 DECEMBER 2007 Region Apr May Jun Jul Aug Sep Oct Nov Dec GT 2 71 117 36 17 40 41 38 39 KZN 34 25 23 22 18 31 WC 9 11 10 7 5 8 6 LMN 1 FS & NC 4 3 EC 27 15 24 14 12 13 HO Total 83 134 184 102 166 87 85 84 90

Employees on suspension during December 2007 Region Total New 1-3 months 4-6 months 7-12 months 12 - 24 months 24 months & longer GT 54 7 6 15 11 KZN 42 3 8 21 WC LMN 2 FS & NC 24 14 EC 30 5 4 HO 1 TOTAL 165 45 28 34

GAUTENG SUSPENSIONS FOR DECEMBER 2007 – IMPACT OF INVESTIGATIONS Internal Investigation Disciplinary hearings Period MA REGION DIU CE 4-6 7 7-12 6 12 + 16 11

GAUTENG SUSPENSIONS FOR DECEMBER 2007 – IMPACT OF INVESTIGATIONS (Cont) 39 employees have been suspended for periods longer than 3 months; Of these 26 have been suspended for longer than 12 months; DIU is involved in the investigation of the cases of 11 cases; 8 employees of the 26 suspended for longer than 12 months were involved in the escape case of Mathe – Code Enforcement is handling the disciplinary hearings and they are in progress; The analysis of the cases of suspensions longer than 24 months for the region is as follows:

Cases longer than 24 months - Gauteng: Zonderwater Suspension relates to hostage drama – employee dismissed. Appeal delayed due to poor quality of transcription of disciplinary hearing minutes. Case 1 - G M Mthimkulu, dismissed for breaching security arrangements that contributed to the hostage incident at Zonderwater. The disciplinary and appeal hearings are finalized. The matter is currently before the delegated authority (DRC Gauteng) for a decision.

Cases longer than 24 months – Gauteng: Leeuwkop 1. Case 1 – 31 months 2. Case 2 – 25 months 3. Case 3 – 26 months Aiding prisoner to escape – DIU / Code Enforcement involved Escape of inmate – delayed due to illness of initiator and unavailability of external chair. Possession of dagga – delays due to unavailability of external chairperson. Case 1 – C C Claassens, dismissed for aiding an inmate to escape. The appeal is dealt with by the Directorate Code Enforcement; failed to obtain details from Code Enforcement. Case 2 – G T Maimela, dismissed for aiding an inmate to escape. The appeal hearing was delayed because of the illness of trail initiator and the non-availability of an appeal chairperson (from outside the Management Area). The case is to be concluded in terms of the old disciplinary procedure that requires an appeal hearing. Case 3 – C A Rantlhwantlawa, dismissed for possession of dagga. Delays caused by the non-availability of an external appeal chairperson. .

Cases longer than 24 months – Gauteng: Pretoria 1. Case 1 – 25 months 2. Case 2 – 25 months 3. Case 3 – 26 months 4. Case 4 – 27 months 5 Case 5 – 27 months Negligence led to escape – at Regional Office awaiting outcome of appeal As above. Involved in same case Possession of dagga – problems with transcription of minutes. Received money from inmate – problems with transcription. Furnish false statement – problems with transcription. Case 1 – H Mongalo, dismissed for negligence that led to an escape. Disciplinary hearing finalized. Appeal documents are being prepared for the delegated authority. Case 2 – I G Seipatho, accomplice in the case mentioned above. Case 3 – M A Baloyi, dismissed for possession of dagga. Appeal delayed due to problems with the transcription of the hearing. The appeal was finalized on 25 January 2008. Documents are now being prepared for the delegated authority. Case 4 – M I Mogotlane, dismissed for receiving money from family of an inmate. Appeal delayed due to problems with the transcription of the hearing. RC office is attending to the matter. Case 5 – M Mdluli, dismissed for furnishing false statements. Appeal delayed due to problems with the transcription of the hearing. The appeal was finalized on 25 January 2008. Documents are now being prepared for the delegated authority.

Cases longer than 24 months – Gauteng: Pretoria (Cont) 6. Case 6 – 29 months 7. Case 7 – 29 months Cases 6 and 7 are accomplices. The case relates to theft of a colleague’s credit card. The employees referred a dispute to the bargaining council before the appeal was held. GPSSBC Commissioner ruled against the DCS. The DCS took matter on review to Labour Court. Case 6 – Ms. D E Motene, dismissed for theft of a colleague’s credit card. The employee mentioned in case no 7 is an accomplice. The ladies decided to declare a dispute at the GPSSBC before the appeal hearing started. The DCS challenged the dispute. However, the Commissioner ruled against the DCS. The DCS took the matter on review to the Labour Court. The DCS is currently awaiting a roll date from the Labour Court. Case 7 – Ms. L T Ramarotho, accomplice in the above case.

KWAZULU/NATAL: SUSPENSIONS FOR DECEMBER 2007 – IMPACT OF INVESTIGATIONS Internal Investigation Disciplinary hearings Period MA REGION DIU CE 4-6 4 17 6 3 12 7-12 2 1 12 + 5

KWAZULU/NATAL: SUSPENSIONS FOR DECEMBER 2007 – IMPACT OF INVESTIGATIONS (Cont) 31 employees are suspended for longer than 3 months. Of those 3 are suspended for longer than 6 months and 7 for longer than 12 months. DIU conducted investigations involving 19 employees and Code Enforcement dealt with disciplinary hearings involving 14 employees. 17 employees involved in one case – mass escape at Empangeni. Disciplinary hearings close to finalization. Once finalized the suspension rate should drop significantly in KZN.

EASTERN CAPE: SUSPENSIONS FOR DECEMBER 2007 – IMPACT OF INVESTIGATIONS Internal Investigation Disciplinary hearings Period MA REGION DIU CE 4-6 1 3 7-12 2 12 +

EASTERN CAPE: SUSPENSIONS FOR DECEMBER 2007 – IMPACT OF INVESTIGATIONS (Cont) 13 employees have been suspended for periods longer than 3 months and 13 are currently being investigated internally and one of these is also being investigated by the SAPS DIU/Code Enforcement is involved in the investigation and initiating of 8 out of 13 cases outstanding longer than 3 months 3 out of the 5 cases outstanding for longer than 12 months have not yet reached the disciplinary hearing stage.

FREE STATE & NORTHERN CAPE: SUSPENSIONS FOR DECEMBER 2007 – IMPACT OF INVESTIGATIONS Internal Investigation Disciplinary hearings Period MA REGION DIU CE 4-6 2 7-12 12 +

There are no employees suspended for more than 12 Months FREE STATE & NORTHERN CAPE: SUSPENSIONS FOR DECEMBER 2007 – IMPACT OF INVESTIGATIONS (Cont) There are only 2 cases outstanding in the category of employees suspended for 4-6 months – DIU is involved in the investigations; There are only two cases outstanding in the category of employees suspended for 7-12 months There are no employees suspended for more than 12 Months

LIMPOPO/MPUMALANGA/NORTH WEST: SUSPENSIONS FOR DECEMBER 2007 – IMPACT OF INVESTIGATIONS Internal Investigation Disciplinary hearings Period MA REGION DIU CE 4-6 1 7-12 12 + 2

The disciplinary hearings of these cases are in process LIMPOPO/MPUMALANGA/NORTH WEST: SUSPENSIONS FOR DECEMBER 2007 – IMPACT OF INVESTIGATIONS (Cont) There are only 2 cases outstanding in the category of employees suspended for more than12 months The disciplinary hearings of these cases are in process

WESTERN CAPE: SUSPENSIONS FOR DECEMBER 2007 – IMPACT OF INVESTIGATIONS Only new (7) suspensions in Regions; No outstanding suspensions in the Region.

Reasons for prolonged suspensions From an analysis of the information from the regions there are a multitude of reasons for prolonged suspensions ranging from: Complex investigations; Unwillingness and unavailability of witnesses to testify; Deliberate delaying tactics by alleged transgressors / appellants / representatives; Initiators and chairpersons appointed from outside the line management / management area do not show commitment to the conclusion of the disciplinary process with competent speed; Limited capacity in the DIU and Code Enforcement

Reasons for prolonged suspensions (Cont) For detail refer to the Excel presentations of the respective Regions.

Interventions in managing suspensions Training has been embarked upon to strengthen investigations and processes of disciplinary hearings Training on the Disciplinary Code and Procedure is continuing in the Regions to build capacity in partnership with SAMDI. This training includes training on the management of suspensions and the time frames of suspensions as well as the sanctions that will be imposed on managers who fail to effectively manage suspensions Since the beginning of the financial year 390 out of a targeted 500 managers (for the financial year) have undergone training. A second phase of this training is being explored for next financial year.

Interventions in managing suspensions The emphasis as far as monitoring is concerned is very much on information management to keep track of suspensions. Previously lack of updated records has been part of the problem in 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 by regions. This allows for the identification of red flag areas and determination of timeous interventions

Interventions in managing suspensions Head office personnel have recently started conducting 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 Free State / Northern Cape, Western Cape and Gauteng have been visited. The remaining regions will be visited before the end of the financial year. The question of suspensions was discussed at the Eexcutive Management Committee Meeting

Interventions in managing suspensions A number of communications have been issued to the regions regarding the management of suspensions: Letter was issued in March 2006 regarding the maintenance of ER data Circular was issued in December 2006 under the signature of the previous CDC Corporate Services, Mr Petersen, regarding how to monitor suspensions and the need to review them on a weekly basis. Circular issued in December 2007 regarding the need to maintain ER data integrity on suspensions, disciplinary hearings and appeals as a means to manage suspensions

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