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

2. 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. 3 BREAKDOWN OF DCS CLAIMS - The claims are categorised as follows:  Assault  Unlawful Detention  Motor Accidents  Medical Costs  Pain and Suffering  Breach of Contract  Damage to Property  Loss of Property  Legal Costs, and  Rape  Death of Family Member

4. 4 BRIEF EXPLANATION OF THE PROCESS BRIEF EXPLANATION OF THE PROCESS -An incident may or may not have occurred in terms of which the inmate or employee would lodge a claim against the DCS. The process would then be as follows:  Letter of demands is received by the DCS  DCS acknowledges receipt of the letter, conducts an investigation and responds to the claimant  If claimant does not take matter further by issuing summons, then the matter does not proceed  If summons are issued DCS enters appearance to defend and where necessary negotiates settlement out of court  If matter not settled out of court, it will be set down for hearing  If matter proceed to court hearing judgement will be given to dismiss or award the claim  If an order is against DCS it will decide whether to appeal or implement the order

5. 5ASSAULTS The claims for assaults in this financial year are as follows in different Regions:  EC: There were 82 claims with the total of R38.837.078-00 (Amount paid = R372.069-11)  KZN: There were 10 claims with the total of R2.000.000-00 (Amount paid = R11.000-00)  FS & NC: There were 2 claims with the total of R784.688-68 (Amount paid = R0.00)  GP: There were 4 claims with the total of R1.801.966-00 (Amount paid = R0.00)  H/O: No claims  LMN: There were 2 claims with the total of R4.000.000- 00(Amount paid = R0.00)  WC: There were 3 claims with the total of R3.070.000-00 (Amount paid = R94.000-00)

6. 6 BREAKDOWN OF CLAIMS

7. 7 UNLAWFUL DETENTION The claims for unlawful detention in this financial year are as follows in different Regions:  EC: There were 3 claims with the total of R10.011.980-00 (Amount paid = R9.300-00)  KZN: There were 3 claims with the total of R700.000-00 (Amount paid = R0-00)  FS & NC: There were 2 claims with the total of R945.000-00 (Amount paid = R0.00)  GP: There were 11 claims with the total of R3.495.000-00 (Amount paid = R0.00)  H/O: No claims  LMN: There were 6 claims with the total of R2.644.789-74 (Amount paid = R0.00)  WC: There was 1 claim with the total of R150.000-00 (Amount paid = R0-00)

8. 8 BREAKDOWN OF CLAIMS

9. 9 MOTOR ACCIDENTS The claims for motor accidents in this financial year are as follows in different Regions:  EC: There were 2 claims with the total of R34.655-16 (Amount paid = R0.00)  KZN: There were 6 claims with the total of R130.927-50 (Amount paid = R0.00)  FS & NC: There were 17 claims with the total of R230.516-33 (Amount paid = R42.166.94)  GP: There were 11 claims with the total of R344.406-18 (Amount paid = R0.00)  H/O: There were 3 claims with the total of R27.041-37 (Amount paid = R0.00)  LMN: There were 7 claims with the total of R392.131-78 (Amount paid = R0.00)  WC: No claims

10. 10 BREAKDOWN OF CLAIMS

11. 11 MEDICAL COSTS The claims for medical costs in this financial year are as follows in different Regions:  EC: No claims  KZN: There were 2 claims with the total of R1.000.000-00 (Amount paid = R0.00)  FS & NC: No claims  GP: There were 2 claims with the total of R120.000-00 (Amount paid = R0.00)  H/O: No claims  LMN: No claims  WC: No claims

12. 12 BREAKDOWN OF CLAIMS

13. 13 PAIN AND SUFFERING The claims for pain and suffering in this financial year are as follows in different Regions:  EC: No claims  KZN: There were 2 claims with the total of R162.914-74 (Amount paid = R0.00)  FS & NC: There was 1 claim with the total of R1.405.023-00 (Amount paid = R0.00)  GP: There were 6 claims with the total of R5.580.500-00 (Amount paid = R0.00)  H/O: No claims  LMN: No claims  WC: There was 1 claim with the total of R3.800-00 (Amount paid = R0.00)

14. 14 BREAKDOWN OF CLAIMS

15. 15 BREACH OF CONTRACT The claims for breach of contract in this financial year are as follows in different Regions:  EC: No claims  KZN: No claims  FS & NC: No claims  GP: There were 3 claims with the total of R1.297.181-69 (Amount paid = R0.00)  H/O: There were 3 claims with the total of R1.226.334-42 (Amount paid = R0.00)  LMN: There was 1 claim with the total of R475.970-00 (Amount paid = R0.00)  WC: No claims

16. 16 BREAKDOWN OF CLAIMS

17. 17 DAMAGE TO PROPERTY The claims for damage to property in this financial year are as follows in different Regions:  EC: There was 1 claim with the total of R8.991-80 (Amount paid = R666-00)  KZN: No claims  FS & NC: There was 1 claim with the total of R26.591-00 (Amount paid = R0.00)  GP: No claims  H/O: No claims  LMN: There was 1 claim with the total of R2.018.861-00 (Amount paid = R0.00)  WC: No claims

18. 18 BREAKDOWN OF CLAIMS

19. 19 LOSS OF PROPERTY The claims for loss of property in this financial year are as follows in different Regions:  EC: There was 1 claim with the total of R885-00 (Amount paid = R0.00)  KZN: There was 1 claim with the total of R47.817-00 (Amount paid = R0.00)  FS & NC: There were 2 claims with the total of R14.135-00 (Amount paid = R0.00)  GP: No claims  H/O: No claims  LMN: No claims  WC: No claims

20. 20 BREAKDOWN OF CLAIMS

21. 21 LEGAL COSTS The claims for legal costs in this financial year are as follows in different Regions:  EC: No claims  KZN: No claims  FS & NC: No claims  GP: No claims  H/O: No claims  LMN: No claims  WC: There was 1 claim with the total of R4000-00 (Amount paid = R0.00)

22. 22 BREAKDOWN OF CLAIMS

23. 23RAPE The claims for rape in this financial year are as follows in different Regions:  EC: There was 1 claim with the total of R500.000-00 (Amount paid = R0.00)  KZN: No claims  FS & NC: No claims  GP: There was 1 claim with the total of R5.000.000-00 (Amount paid = R0.00)  H/O: No claims  LMN: No claims  WC: No claims

24. 24 BREAKDOWN OF CLAIMS

25. 25 DEATH OF FAMILY MEMBER The claims for death of family member in this financial year are as follows in different Regions:  EC: No claims  KZN: There was 1 claim with the total of R220.000-00 (R0.00 paid).  FS & NC: No claims  GP: No claims  H/O: No claims  LMN: No claims  WC: No claims

26. 26 BREAKDOWN OF CLAIMS

27. 27 SUMMARY OF CLAIMS MADE NATIONALLY  The total claims made nationally are as follows: Assaults = 109 Unlawful Detention = 26 Motor Accidents = 46 Medical Costs = 4 Pain and Suffering = 10 Breach of Contract = 7 Damage to Property = 3 Loss of Property = 4 Legal Costs = 1 Rape = 2 Death of Family = 1 TOTAL = 213

28. 28 SUMMARY OF CLAIMS MADE NATIONALLY SUBJECT MATTERTOTAL NUMBER TOTAL CLAIMED TOTAL PAID Assaults109R50.493.732-68R477.069-11 Unlawful Detention26R17.948.769-74R9.300-00 Motor Accidents46R1.159.678-32R42.166-94 Medical Costs4R1.120.000-00R0.00 Pain and Suffering10R7.152.237-74R0.00 Breach of Contract7R2.999.486-11R0.00 Damage to Property3R2.054.443-80R666-00 Loss of Property4R62.837-00R0.00 Legal Costs1R4.000-00R0.00 Rape2R5.500.000-00R0.00 Death of Family Member1R220.000-00R0.00 TOTAL213R88.713.185-39R529.202-05

29. 29 CLAIMS BY DCS

30. 30 CONCLUDING REMARKS ON CLAIMS The following should be noted with regard to claims:  Inmates, and at times employees, institute claims for exorbitant amounts against the DCS  Most of the claims are not pursued beyond the letter of demand  In most instances, where the claims are pursued beyond the letter of demand, the judgement or settlement will be far less than the initial amount claimed  In some cases no fault can be apportioned to the DCS and no payment is made  In cases where the DCS has to pay due to the fault of officials, such officials have to compensate the DCS for losses sustained if state cover has been forfeited - e.g. motor vehicle accidents and assaults  In some cases the claims are abandoned by the claimant after receipt of summons by the DCS

31. 31 CHALLENGES FACING DCS ON LITIGATION  Some managers not ensuring compliance with policies of the Department.  Some 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.  Proper library for Legal Services.  Increase capacity of legal staff.

32. 32 WHAT IS DCS DOING TO REDUCE CLAIMS?  Roadshows on prominent legal issues and decided cases affecting the Department are conducted. Roadshows already conducted in four regions: FS& NC, WC, LMN, and H/O. EC, KZN and GP to be finalized before end of financial year.  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.

33. 33 PROGRESS REPORT: IRREGULAR SPENDING ON SERVICE RELATED TO ADVERTISING DCS ON THE INTRANET  Investigation is about the failure to follow procurement procedures when profiling the DCS on the internet, thereby resulting in irregular expenditure in terms of the Public Finance Management Act, 1999 (PFMA).  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. Written warning was given to the official. - Director committed an act of financial misconduct in terms of section 81 (1) (b) of the PFMA. Written warning was given to the official. - Deputy Director committed the financial misconduct by irregularly procuring a service without following procurement procedures. - Deputy Director resigned.  The procurement of the services were necessary to the DCS since the DCS was hosting the CESCA Conference and the SADC games in 2006. it was therefore important to maximize the marketing as widely as possible in line with the DCS image turnaround strategy.

34. 34 Thank you “An age of hope, a national effort for corrections, rehabilitation and social integration”