REPORT REGARDING THE WORKLOAD OF THE SPECIAL INVESTIGATING UNIT

REPORT REGARDING THE WORKLOAD OF THE SPECIAL INVESTIGATING UNIT

SUBMITTED TO DR. MADUNA, THE HONOURABLE MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

BY ADV J S M HENNING SC

Assignment

I was requested by Dr. Maduna, Minister of Justice and Constitutional Development, to conduct an audit at the offices of the Special Investigating Unit [hereinafter referred to as the SIU] in order to provide an indication of the current workload of the SIU and where possible, to reallocate certain work to other agencies.

Team

I was assisted by two Deputy Directors of Public Prosecutions, advocates R Meintjes and H Van Jaarsveld. Advocate B Smith and Ms C Coetzee who have extensive experience in the investigation and prosecution of commercial matters, were also requested to join the team. The South African Police Services made Directors S Grobler and H Meiring available. Both are experienced in commercial crime and corruption investigations. The Auditor General was also consulted as well as the State Attorney, Pretoria and Advocates in private practice specialising in municipal law.

Modus Operandi

An initial meeting with representatives from the SIU took place on 8 February 2001 where it was agreed that the SIU would submit reports on each pending investigation authorised by proclamation. The reports were submitted on 24 February 2001, thereafter formal meetings were held with each investigating team to discuss these reports in depth. The SIU also submitted reports on the matters where proclamations have been requested, but which have not yet been allocated to either the SIU or some other agency. The SIU also provided us with a list of matters overlapping with criminal investigations. As far as possible details were obtained from the South African Police Services with respect to these matters. A draft report was compiled, whereafter the audit team again met with the SIU to discuss the contents of the report.

With the exception of par. 5.11 of the audit team`s recommendations as contained in annexure A, there was general consensus both with reference to the general contents of the report and the recommendations made in respect of each and every matter dealt with in this report and the annexures hereto.

It should be noted that adv Visagie S C, assisted by a managerial team, acted as the representative body of the SIU and that, apart from a brief courtesy call, the Head of the Unit was on leave and therefor did not participate in any of the discussions.

Due to time constrains the audit team had to rely upon the information supplied by the SIU. The full co-operation by the relevant members of the SIU is appreciated.

The establishment and role of the SIU and the Special Tribunal

A Special Investigating Unit [hereinafter referred to as the SIU] was established on 14 March 1997 by proclamation by the President in terms of Act 74 of 1996.

The purpose of a SIU is defined as follows in the preamble to the Act:

"To provide for the establishment of Special Investigating Units for the purpose of investigating serious malpractices or maladministration in connection with the administration of State Institutions, State assets and public money as well as any conduct which may seriously harm the interests of the public .............".

In his capacity as President of the Special Tribunal, Pickard JP pointed out that the repetitive use of the word "serious" in the preamble does seem to suggest that a SIU was not to be established for petty or day-to-day matters, but only for serious matters with serious consequences.

Section 2 of the Act is not aimed at the establishment of a single permanent unit which will deal with all investigations. The Act makes provision for the establishment of more than one Special Investigating Unit. In terms of section 2, a Special Investigating Unit may be appointed on an ad hoc basis as the need arises or a matter could be referred to a particular unit already in existence.

Only one SIU has been established to date and a practice has developed to refer all matters to that unit. The practice is quite understandable in view of the fact that the existing SIU has acquired the necessary infrastructure and expertise to deal with such matters. (The SIU presently occupies a portion of a building under a lease agreement which only expires in October 2002 (renewable) and in terms of which a monthly rental of R235 289,00 is payable. The staff component comprises of administrative support (23), a librarian, a personal assistant, a legal team (7), financial officers (2), a finance manager, a human resources manager, a systems analyst, a network technician, investigators (36) and managers of investigations (8).)

The President may refer matters to a SIU for investigation only on the following grounds:

"(a) serious maladministration in connection with the affairs of any State institution;

(b) improper or unlawful conduct by employees of any State institution;

(c) unlawful appropriation or expenditure of public money or property;

(d) unlawful, irregular or unapproved acquisitive act, transaction, measure or practice having a bearing upon State property;

(e) intentional or negligent loss of public money or damage to public property;

(f) corruption in connection with the affairs of any State institution; or

(g) unlawful or improper conduct by any person which has caused or may cause serious harm to the interests of the public or any category thereof."

In practice the SIU, after receiving information, submits an application supported by motivation to the Minister of Justice for a matter to be proclaimed by the President.

The Act furthermore makes provision for the establishment of Special Tribunals to adjudicate civil matters emanating from investigations conducted by a SIU.

Such a special mechanism is necessary in view of the primary purpose of the Act. In South African Association of Personal Injury Lawyers v Heath and others 2001(1) SA 883 CC, Chaskalson P remarked as follows:

"The primary purpose of the Act is to enable the State to recover money that it has lost as a result of unlawful or corrupt action by its employees or other persons. The public money contemplated by the Act, is the money of a State institution that has been paid out or expended, and which that institution is entitled to recover. Hence the special mechanism for the investigation by the SIU and the recovery of money through the Special Tribunals".

The Special Tribunal provides a speedy forum for the adjudication of matters as these matters do not have to compete with other cases for a place on the rolls of the ordinary courts.

It speaks for itself that it was never the intention that the SIU and the Special Tribunal should now have a monopoly on all matters which can be brought under the wide ambit of Section 2(2) of the Act.

State Institutions will, and have continued to recover or prevent losses with the assistance of the State Attorneys in the ordinary courts.

Furthermore the Public Finance Management Act, No 1 of 1999 places a responsibility on accounting officers to take effective and appropriate steps to inter alia collect all money due to the department, to prevent unauthorised or irregular expenditure and losses resulting from criminal conduct, to take effective and appropriate disciplinary steps against officials, and accounting officers must ensure that systems of financial management and internal control are in place and carried out. [See also Chapters 11 and 12 of the Treasury Regulations issued in terms of this act dealing with the responsibility of accounting officers to refer matters to the State Attorney for legal action and to report losses or damages as a result of criminal acts to the SAPS] These responsibilities cannot be shifted to or be assumed by the SIU.

In terms of section 96 of the Local Government: Municipal System Act, 32 of 2000, a municipality must collect all money that is due and payable to it. The MEC for local government must monitor the performance of municipalities. [section 105] Section 106 empowers the MEC to take certain steps in the case of non performance and/or maladministration. See also section 139 of the Constitution for the Provincial Executive`s authority to intervene where a municipality cannot or does not fulfill it’s obligations.

Similarly, other State institutions responsible for the investigation of criminal conduct such as the South African Police Services and the Investigative Directorates of the National Prosecuting Authority, will proceed with the investigation of matters which could resort under the wide umbrella of Section 2(2). Even if a matter has been proclaimed, the SAPS or the NPA is not, and can never be, barred from investigating such a matter.

In terms of section 4 of the Act the SIU has to refer evidence regarding or which points to the commission of an offence to the NPA.

Although the investigation of the SIU often overlaps with a corresponding criminal investigation, it must be remembered that the SIU does not conduct investigations with the purpose of bringing accused on criminal charges before the criminal courts. Their investigations are aimed at the recovery of funds or assets and the prevention of financial loss.

If the SIU does not have a special area of application, then it is merely a duplication of existing functionaries. This could never have been the legislature’s intention. The SIU has a specific role to play in special circumstances where a special mechanism is required to recover or to prevent damage to the State, in other words, where the interests of the State and the public require that the matter not be dealt with in the ordinary course. The complexity of the matter or the involvement of senior management in the alleged improper acts, the need for swift action to recover losses, etc, are some of the considerations to be taken into account.

The President has since 1997 issued 67 proclamations referring matters to be investigated to the existing SIU. Further proclamations were requested, which are dealt with infra.

General observations

The SIU has nine operational managers, each with a multi-disciplinary team. Each team deals with a number of proclamations, or with a part of a proclamation. The teams consist of highly capable staff [investigating officers, auditors, legal representatives, etc] and most of the teams have developed the expertise to deal with major and voluminous investigations. The teams have performed well in many investigations and have indeed recovered or prevented substantial losses. However, their efficiency was hampered by the taking on of less serious matters and/or more work than the teams could handle. It was further hampered by legislative shortcomings. We are of the view that the inflow of work and the prioritisation of matters to be referred to the SIU, should have been better managed. Also, that urgent attention be given to legislative amendments discussed infra.

Most of the proclamations are couched in wide terms and set out several matters to be investigated. The impression is unavoidable that a "shot gun" approach was adopted. The allegations are broadly formulated to cover as wide a field as possible as the powers to investigate are determined and governed by the proclamation. From the wording of some of the proclamations it is also clear that the SIU had to undertake a "fishing"expedition to search for irregularities. Of course, given the restrictions imposed by way of proclamation, it is necessary to frame in the widest possible terms, thus obviating the need for additional or amended proclamations.

In various instances it eventually turned out that the matters were of a less serious nature and could have been dealt with in the ordinary course of events. In others, there was a need for further proclamations.

By the issue of too many proclamations in respect of matters that did not really require the special attention of the SIU, the SIU has undertaken more work than it could handle within a reasonable time.

In several instances the investigation of matters, some of which have been proclaimed as long ago as 1998, still has to commence.

Due to the lapse of time, the SIU has already been prevented from civil recovery in some instances by the possibility of pleas of prescription. It must be borne in mind that many of the irregularities were already brought to the notice of the State long before the matter was proclaimed, inter alia by auditors’s reports, commission reports, etc.

The taking on of an overload of work, often of a less serious nature and often requiring a time consuming "fishing expedition" to identify the alleged irregularities has, in our view, impaired the SIU’s ability to act swiftly. A revision of the purpose and aims of the SIU is necessary.

Judge Heath’s comment in the media that his unit has been undermined by the failure to refer new matters to him during 2000, is surprising in the light of the fact that the SIU is presently unable to, within the foreseeable future, finalise all matters that have been proclaimed.

The decrease in the amounts recovered and saved by the SIU during the last year, was not only brought about by the fewer referrals to the SIU of matters to be investigated, but also by the fact that:

(a) The teams are now involved in long and tedious investigations which will take time to produce results.

(b) Proceedings in the Special Tribunal are delayed by many points in limine taken by defendants and the uncertainty in respect of the jurisdiction of the Special Tribunal [this aspect will be discussed infra].

Officials of the Department of Justice had initially merely rubber stamped the requests for proclamations. This position has now, to some extent been rectified. However, a few requests that did have merit, as they would be a necessary extension of an existing proclamation that is required to complete the investigation, have not been granted. Furthermore, the process of referring matters by way of proclamation is a cumbersome one, with many built-in delays, resulting in matters already being old if eventually referred.

The referral of certain matters to the SIU reflects badly on the ability and competence of certain departments to assume responsibility for their own functions.

The lack of discipline and integrity, and the absence of control in certain Departments have led to many of the irregularities that were referred to the Unit for investigation. In some of the instances it would have been more effective to compel the departments themselves to take responsibility to address the irregularities, or for the Departments to actively participate in the investigation. This would also have resulted in enabling them to put proper control systems in place to prevent a re-occurrence. The task was, however, merely shifted to the SIU, at no apparent expense to the relevant Department and often with little assistance rendered by such Department.

In many instances there is a corresponding police investigation. In general, it appears that there was limited co-operation or exchange of information between the SIU and the SAPS. There are, however, exceptions to this general statement. Additional comments on the status of police investigations will be made infra. In some instances the SAPS have referred matters to the SIU and there has been some liaison with the SAPS.

However, apart from a few exceptions, evidence was not referred by the SIU to the NPA as required by the Act.

The following are some of the instances illustrating the abovementioned general remarks.

21.1 Various Transitional Local Councils have failed to collect rates and taxes owing to the councils. The SIU has acted [and is still so acting] as debt collector for these councils. We have been informed that many of these local councils are totally ineffective and if the SIU had not taken action, nobody else would have. The SIU was however, not established to take over the work of incompetent institutions. Should these councils not have the capacity and will to manage their own affairs, then certainly it is for the MEC for Local Government to take appropriate steps to remedy the situation. Section 139 of the Constitution provides that the Provincial Executive may intervene if a municipality cannot or does not fulfill it’s obligations. See also Act 32 of 2000 referred to in para 11 (b) supra. The President of the Special Tribunal as well as the Auditor General have questioned these debt collecting exercises undertaken by the SIU.

21.2 Various matters were referred to the SIU dealing with the Transitional Councils which irregularly increased councillor’s allowances. These councils are as a rule the councils who can the least afford it since no rates and taxes are collected by them. The Unit obtained various acknowledgements of debt from councillors and judgements in the Special Tribunal against some of the councillors. The individual amounts are relatively small. In total, quite a large amount has been recovered.

21.3 A commission of enquiry was set up in 1996 in the North West Province, headed by Adv. Motimela. The commission brought out a voluminous report containing various allegations of irregularities. The SIU has to re-investigate these allegations to establish whether there is any evidence to substantiate the allegations. In some instances such evidence could not be produced. Although the proclamation was issued in 1998, the investigation of most of these matters is still in its infancy stage and in respect of some of the matters has not even started. Some of the matters are also of a trivial nature such as the overpayment of R6 000 as travelling allowances to a town clerk.

Due to more pressing work, this referral, dealing with events identified prior and up to 1996, was de-prioritised. Several matters will in any event have to be closed due to prescription.

21.4 After two audits having been performed, the irregular payment of so called ghost workers in the Northern Province was referred to the Unit. A physical head count was done in February 1998 - each employee had to personally collect and sign for his or her cheque. A total of 1218 cheques were unclaimed. The SIU started to investigate the 685 cheques which were not collected with regard to the Department of Education. The SIU had to collect all the personnel files to establish whether those salary payments were in fact due. Some of the files were in a total shambles. Letters of resignation were never processed, etc. Bad administration is obviously one of the causes of this debacle. It will be a lengthy and cumbersome process to prepare the cases against the various individuals. This matter was proclaimed in 1999, and much still needs to be done. Some ‘ghost workers’ have apparently also re-appeared on the payment system, indicating the poor administration is simply continuing.

21.5 The failure of debtors to repay the loans they obtained from the Transkei Development Co-operation and other bodies that are now part of the Eastern Cape Development Agency was also referred to the SIU. The Unit assisted to trace the debtors and to obtain acknowledgments of debt. Once again the role of the Unit was reduced to that of a mere debt collector.

21.6 Similarly, the Unit assisted to trace doctors who still owed the Government study loans granted to them as students of the Medical University of South Africa, which loans are repayable because they failed, upon completion of their studies, to work for the Government. The SIU took the files from the State Attorney’s office, Mmabatho where they had not received attention. There are indeed many other examples where the SIU had to perform the work which other functionaries had failed to do. This was also a mere debt collecting exercise. The Department of Public Works also referred a matter to the SIU dealing with individuals not repaying "study loans".

21.7 There are numerous other examples of relatively simple matters where officials have committed irregularities, such as the irregular use of vehicles, use of official telephones for private purposes or the non-payment of private portions of cell-phone bills. Certainly, these matters should have been dealt with by the relevant Departments.

21.8 Another outstanding matter is the failure to submit a claim to cover the advance of R11,000 for an overseas trip to an Acting Deputy Director-General in the Department of Transport. This matter should also have been dealt with by the Department. Although the irregularity falls within a wider referral of many irregularities within the Department of Transport, the latter’s failure to deal with this specific matter is incomprehensible.

21.9 An allegation that contractors were irregularly paid from the flood relief fund in Mpumalanga for repairs at schools was referred to the SIU. After investigation it was determined that irregular payments were made to some contractors where no work was done and where the schools were not even damaged by the floods.

The matter was proclaimed in December 1998, but has not yet been finalised due to other work pressures. This should have been a relatively simple matter to investigate had the relevant Department assisted in the investigation. However, the affidavits of principals are still outstanding in respect of certain schools.

21.10 Two former officials of the Department of Education and Training were being paid even after they had left the Department of Education. The matter is investigated under a 1997 proclamation. The SIU is still awaiting seven pay slips from the Western Cape to calculate the overpayment. A similar matter was referred to the Unit under a 1998 proclamation where a labourer received his salary after his services had been terminated. An amount of R12 000 has to be recovered.

The above matters should have been referred to the State Attorney by the Department.

21.11 Various irregularities pertaining to the payment of housing subsidies to first time home owners by Provincial Housing Boards and irregular payments to contractors or developers and conveyancers were referred to the Unit. [KwaZulu-Natal, Gauteng, Western Cape and Northern Cape].

Applications for subsidies were approved by officials of the Department of Local Government and Housing despite the fact that the applicants did not qualify, inter alia, as they were not first time home owners. It is clear that the officials were not doing their work and in some instances actively participated in fraudulent schemes.

In KwaZulu-Natal the SIU had to sift through 54 000 individual applications and eventually identified 2456 irregular payments.

With respect to Gauteng the Unit screened 142 986 subsidy cases. The screening entailed checking inter alia, whether the basic requirements for approval have been met - work that should have been performed by the relevant officials. Of these, 138 580 were closed because no irregularities were found. In order to proceed with the remaining 4 406 matters where irregularities have occurred, the SIU requires the files of the Department of Housing which, however, are not forthcoming as their filing system is in chaos. Without these files the investigation cannot proceed.

In many instances progress payments were made to developers of the housing schemes at stages when the payments were not due, inter alia because the buildings have not yet reached payment stage. In some instances the foundations were not even laid. Payments were apparently approved without Departmental inspectors visiting the sites to check if payment was indeed due and whether the building work complies with the requirements. The SIU has to visit these sites to verify the payments.

Furthermore, in investigating irregular payments made by and to attorneys acting as conveyancers, all relevant files and deeds have to be perused. It has, for example, been established that payments were made in respect of properties which were never registered. The investigations are immense and far from finalised.

In one instance, the Fidelity Fund had informed the Director of Housing that funds were being administered and paid out by an attorney in an improper manner and that it was extremely urgent that the contract be cancelled and subsidy moneys still held by that firm be refunded. Despite this, the Housing Board not only allowed the firm to continue, but subsequently released more funds to it.

21.12 Allegations concerning the irregular issue of driver’s licenses and motor vehicle registrations in the Northern Province were referred to the Unit. This has led to an immense investigation which entails the screening of, inter alia, each and every license that was issued. In Tzaneen alone 3,500 irregular licenses have been identified, which probably will have to be revoked. No disciplinary steps have been taken as yet by the Chief Licensing Officers against the responsible employees.

It takes approximately 4 months to complete the screening of the licences of one Station. There are twelve more stations and fourteen workshops still to be investigated. The audit team has seen the files. It comprises a warehouse full of files.

Although the Department has agreed to pay [although has not as yet] 4 temporary clerks to assist with the capturing of the data, it is unknown whether the Department is actually taking any steps at present to prevent a repetition. It would appear that the Department has, over a number of years, failed to take any steps to prevent previously identified irregularities of a similar nature, despite the fact that it has been the subject of numerous previous investigations, reports, etc. [It is beyond comprehension why the Department of Transport is not playing a more active role in this major exercise].

21.13 The theft or loss of Government vehicles in the Northern Province: Department of Transport was referred to the Unit. The Auditor-General reported that the whereabouts of 3000 vehicles are unknown. From external auditors’ reports it appears that the asset register pertaining to Government owned vehicles is not complete and does not reflect accurate information. The SIU is now in the process of eventually compiling such an asset register. The investigation is still in an early stage and is comparable to the search for a needle in a haystack.

21.14 The SIU, together with other agencies, is investigating the theft of pension moneys and cheques by officials of the Eastern Cape Department of Health and Welfare. A total of 161 690 individual pension transactions have been screened and 18 618 instances of fraud and theft were discovered. The SIU estimated that a further 50 million transactions need to be investigated.

21.15 Several lease agreements entered into on behalf of the Department of Education were investigated. In one instance it transpired that the outside party was not the owner of the property, but that it was in fact a State owned building. This blunder cost the government R30 million. In another matter the Department of Education requested Public Works to obtain offices in Butterworth, Kokstad or Queenstown. The official from Public Works, however, proceeded to lease a property in Port Elizabeth, where no accommodation was requested, at a monthly rental of R22,800.

21.16 In a matter that emanated from the Department of Public Works, Eastern Cape, a private contractor and an official of the Department devised a scheme whereby the contractor would submit fictitious invoices which would then be approved for payment by the official. As it is a clear fraud case the matter was also investigated by the police under Bisho CR 64/07/97. The charge was, however, withdrawn by the prosecutor. The SIU required documents from the police dockets to proceed with a claim and the investigating officer was requested to supply them with such documents. Neither the docket nor the documents could, however, be found in his office. A notice had to be served on the investigating officer by the SIU when all other attempts failed and they then discovered, upon search of his house, copies of some of the documents. The original documents for which the SAPS investigating officer had signed at the Finance Section of Public Works could, however, not be traced.

This incident emphasizes the importance that the SIU must be in a position to act swiftly whilst the complaint is still fresh. If a complaint is referred to the SIU only after a commission or some other agency has been dealing with the matter, the SIU is often faced with logistical problems to trace all the source documents.

Another example of the SIU being delayed in its investigations is the Nontenjwa matter. They managed, through swift action, to recover R12 million from Mr. Nontenjwa, who was over-paid ± R19 million by the State Attorney’s office in Umtata. Crimes of theft, fraud and bribery appear to have been committed also with respect to other attorneys. The Department of Justice, however, attached relevant files in order to conduct disciplinary proceedings against the official of the State Attorney’s office and has since 1998 failed to release them to the SIU.

21.17 There are several major investigations which have not made significant progress due to other work commitments, for instance:

RDP Projects: [proclamation R69/00 dated 10/11/2000]

The Auditor-General reported for the 95/96 financial year that 29% of the total expenditure was referred to the SAPS for investigation as there is reason to believe that funds were not properly utilized. The Auditor-General remarked that there was a lack of control and management over the RDP Discretionary Fund. Ernest and Young mentioned in an audit report that the projects funded from the RDP Discretionary Funds had a high failure rate. Thirty six projects have ceased to function. Thirty nine projects were referred to the SAPS for investigation. They are divided into two categories:

(a) Those where projects could not be located, and

(b) Those where insufficient evidence was provided to support the expenditure.

The above investigation faces many logistical problems, one of which, as has already been experienced, is to trace the members of the project committees.

Department of Public Works and Transport - Western Cape: [proclamation R85/99 dated 06/08/1999].

The investigation of the various alleged irregular tenders, corrupt inspectors, overpayment of contractors, etc, will take another estimated two years. The investigations encompass vast quantities of documents and dates over a period of 5 to 8 years.

The abuse of use of Petro Cards by officials of the Northern Province:

The irregularities date back to 1 April 1996 and were reported by Gobodo Incorporated [report dated 13 March 1999].

The SIU are still awaiting log books of the vehicles and other documents before the SIU can commence with the investigation. Once again the SIU will have to screen all of the many transactions to identify the irregular ones.

Bus subsidy: [proclamation R 61/99 dated 17/5/99]

Subsidies were apparently falsely claimed from the Department of Transport, Northern Province by owners of buses and other operators. The SIU must still obtain the claims as a first step in establishing whether any unlawful acts did take place. The investigation has not yet begun. However, it appears to be prima facie a futile exercise.

Part-Time District Surgeons: Department of Health and Welfare, Eastern Cape: [proclamation R 74/98 dated 28 /07/98]

An immense investigation into claims submitted by Part Time District Surgeons emanated from a report by Deloitte & Touche for the period 95/96. These investigation entails assessing each and every claim submitted by each and every district surgeon for consultation, dispensing of medicine, etc. The quantum of money involved cannot be determined as irregularities cannot be linked to specific claims. General tendencies have been identified. However, irregular claims cannot be distinguished from other claims. Members of other investigating teams are assisting the relevant investigating team due to the huge volume of work. From the extensive investigations already done, it would appear that the possibility of any substantial recovery is remote and is by far outweighed by the logistical problems the SIU will have to face in proving these claims. The SIU is, however, now in a position to make suitable recommendations regarding shortcomings in the claim procedures and regarding some District Surgeons who should be cautioned. From this point onwards, further investigation would be a futile exercise.

Agri Eco: [proclamation R63/99 dated 17 May 1999]

A commission looked into the affairs of this private company [with the State as a shareholder] incorporated at the instance of the Department of Agriculture, Free State. The company is partially funded by the State and Government officials serve on the Board of Directors.

It is clear from the commission’s report that neither the Department of Agriculture nor the Board of Directors of Agri Eco exercise proper control over the company.

We have been referred to instances where the company is at risk. Agri Eco signed an agreement with SOK in terms of which SOK would provide finance to farmers. Agri Eco guarantees these loans and has ceded an investment of R5 million to SOK as security. If any of the debts are written off by SOK, SOK would be refunded from the investment. Agri Eco is at risk and has no control over the way in which SOK manages those loans.

Other irregularities have also been pointed out. It would seem as if it is required of the Unit to investigate all the affairs of this company from scratch - an enormous task which should rather be performed by the relevant Department. It should not be the task of the SIU to address policy questions such as the desirability of government institutions establishing private companies which do not have to comply with tender prescripts, or may not fall under the Auditor-General’s control, etc.

Managing the Back Log

22. The present workload is such that it may take the Unit three to four years to complete all the investigations should they proceed to search for and investigate each and every possible unlawful, improper or irregular act.

We are of the view that the SIU should not continue with "fishing expeditions" into old matters to identify possible irregularities to be investigated without having the slightest idea whether there would be a reasonable prospect of substantial recovery.

The SIU can be utilised more effectively as a strike force to deal with more recent events where swift action is necessary to recover or prevent substantial losses to the State.

To enable the SIU to play such a role, the unit should now wind up all the outstanding work.

It would also be advisable to redistribute the present backlog so that some of the teams should be available to deal with new matters.

In order to finalise the back log, we are of the view that a responsible but robust approach is required. The following approaches are, in our view, called for:

22.1 As indicated above the SIU has a number of investigations which are still in an early stage. We propose that the managers and their teams conduct preliminary investigations:-

(a) to determine whether there are serious matters in respect of which there are reasonable grounds to justify an investigation.

(b) to determine the time period during which the investigations can be completed, taking into account logistical aspects such as the availability of documents, witnesses, etc.

(c) to determine whether there is a likelihood to recover or prevent losses in the event the investigation is successfully completed.

(d) to prioritise the matters to be investigated and to formulate an action plan on how to proceed with the investigation.

In several of the major investigations which are still in the early stages, the matters have previously been dealt with by other parties such as external auditors, the Auditor-General, commissions, etc.

In several instances police dockets have also been opened.

The preliminary investigations should include consultations with these parties since their experience thus far could provide valuable input as to which matters justify further investigation and the feasibility and success of further investigations by the Unit.

These preliminary investigations have to be completed within three months. Only thereafter can a proper assessment be made on the way forward.

22.2 In respect of some matters we are of the view that the investigation by the SIU should not proceed even though the SIU has already started to work through large volumes of documents.

If it is eventually decided to close some of the matters, it does not mean that the investigation has been a futile exercise or that the matter would now be swept under the carpet. In the course of the investigation, the teams would probably have identified shortcomings and weaknesses in the financial control systems and procedures, irregularities which were committed and the identity of some of the perpetrators. The SIU would then be in a position to submit a report to the relevant State institution to enable the institution to take remedial action.

22.3 In some of these instances the SIU has also developed an action plan on how to investigate these and similar matters, and has acquired a data base containing the relevant information, for instance the investigation of drivers’ licenses in the Northern Province, the theft of pension money or cheques by officials, the screening of applications for home owners’ subsidies, overpayment of district surgeons, etc. Officials of the various departments must be trained by the SIU to take over these matters and the SIU can in the interim play a supervisory role.

22.4 In some instances, other investigating agencies should proceed with the matters. For instance, we, as previously indicated, collated particulars of police dockets which were registered in respect of overlapping matters.

The SAPS will, by monitoring the progress of the police investigations ensure that the investigation of criminal conduct receives the required attention.

22.5 In some matters, either the investigations have proceeded to such an advanced stage that termination thereof cannot be considered as a viable option, or the matters have already been pursued to litigation stage. These matters will have to remain with the SIU.

The recommendations in respect of each investigation

23. Our recommendations are made with due regard to the factors already mentioned supra, including the following: cost-effectiveness; complexity; present status of the investigation and the litigation process; feasibility of other agencies taking over the investigations and/or litigation; the prospects of any recovery given delays and prescription; etc. The recommendations in respect of each investigation are attached hereto as Annexure A.

Our recommendations can be categorised as follows:

23.1 Matters where proceedings have already been instituted or are about to be instituted, to be continued with by the SIU in the Special Tribunal. It is only with reference to these matters that it is recommended three extensions of existing proclamations be issued.

23.2 Matters where, due to the particular circumstances, a feasibility report has to be submitted by 30 June 2001 as required in par 23.1 supra.

23.3 Matters where the SIU`s files are to be closed within a specified time period, the SIU within this period to assist the institution concerned to establish its own investigative unit

23.3 Matters where the SIU`s files are to be closed with immediate effect, the SIU to submit a final report.

23.4 Matters where the SIU`s files are to be closed and the matters to be referred to the State Attorney or some other relevant institution, the SIU to submit a final report.

23.5 Matters where the SIU`s files are to be closed and where the debt collecting process is still ongoing, the SIU to submit a final report.

This debt collecting follows upon judgements having been obtained or acknowledgements of debt having been signed. The SIU is acting as the agent of the relevant institutions and is collecting the debt on their behalf. At present there are 600 persons who will be paying installments over the next 5 years into 9 different trust accounts administered by the SIU, the latter paying over the money to the relevant institutions. The possibility of arranging either with the relevant debtors, creditors or financial institution (bank) to allow for a different procedure was investigated but appears not to be feasible. The SIU should not be tasked with this responsibility.

With reference to future payments, the procedure should allow for payment directly to the institution concerned, the latter to take full responsibility for administering the process. With reference to the present situation, it is recommended that the status quo be maintained but that the administration thereof either be taken over by the State Attorney or that it be outsourced to a debt collecting agency. It is proposed that the Directorate: Finance of the Department of Justice discuss a possible solution to this dilemma with the Finance manager of the SIU.

Recommendations in respect of the pending requests for proclamation

24. Numerous requests for proclamations have been submitted to the Department of Justice for consideration. Various matters have been referred to the relevant Ministers and Premiers, and to the National Director of Public Prosecutions. However, there are a number of matters where a decision has yet to be taken.

These pending matters were considered by the Audit Team. Some of them would, under normal circumstances, have been approved because of the seriousness of the matters. However, in view of the present backlogs and workload of the SIU the same robust approach, adopted with regard to the matters pending proclamation, was applied. Based on the information furnished to the Audit Team, recommendations with regard to the referral of these matters are made, are attached as Annexure B.

In most instances it has been recommended that matters be referred to the relevant Minister or Premier. However, of concern is what will become of these matters and whether they will be responsibly pursued by the relevant Authorities.

For example in a request by the SIU regarding the Gauteng Department of Transport [Government Garages] dated 30 August 2000 the following was stated:

"Allegations have been made by the Gauteng Anti-Corruption Unit and officials of the Government Garage, Pretoria that there have been irregularities in the dealings at the Government Garage involving fraud, theft, non delivery of services, over invoicing, kickbacks to merchants and substitution of parts. These matters have been reported to the Premier, the Minister of Finance, the Minister of Transport, the Gauteng Tender Board and the MEC for Transport and no remedial, disciplinary or recovery action has resulted."

There is now, however, a statutory obligation on the Departmental Heads as accounting officers to take steps to recover money lost from their Departments, to institute disciplinary steps where necessary and to take preventative steps. In instances where offences appear to have been committed, these should be referred to the South African Police Services.

It is suggested that a procedure be agreed to at the highest level as to how these matters should be monitored.

The Investigation of related Criminal Matters

25. The two senior members of the SAPS who formed part of the Audit Team are presently looking at the investigation of matters which appear to be related to those matters being investigated by the SIU.

It is recommended that the monitoring of such matters continue to ensure that they receive proper attention and that information the SIU has, is also be made available to the South African Police Services and vice versa.

Enquiries were also addressed to the relevant Directors of Public Prosecutions regarding pending decisions and part-heard trials. These will be monitored.

Amendments to the Act

In SIU and TLC of Port st Johns vs Mfeketo and others 2001(1) SA 1089 (SpecTrib) Pickard, JP in his capacity as President of the Special Tribunal, re-considered the accepted practises and approaches of the Tribunal.

26.1 The Tribunal was established for the purposes referred to in section 2(1)(b) of the Act. The jurisdiction of the Tribunal does not exceed the limits for which it was established. Consequently the Tribunal has no inherent jurisdiction such as that possessed by the High Courts.

26.2 The jurisdictional facts required are:

matters emanating from the investigations of the Unit, and

matters where there exist justiciable civil disputes upon which it can adjudicate.

26.3 The provision "adjudicate upon justiciable civil disputes" refers only to matters where opposing points of view are placed before the Tribunal to consider and to rule thereon in order to resolve the disputes that exist.

26.4 Where no dispute exists, the Tribunal does not have jurisdiction. The Tribunal therefore has no jurisdiction to entertain undisputed claims for judgment in matters such as the collecting of rates and taxes owing to a local council. The recovery of undisputed commercial debts should take place in the Courts of Law as Courts of Law are geared to grant judgments where liability is not challenged.

26.5 The major consideration in establishing the Tribunal was to make provision for expedient and speedy resolution of disputes arising from the investigations of the Unit and not to burden the resolution thereof by the time consuming and expensive procedures of Courts of Law. However undisputed matters [such as the debt collection matters which Pickard, JP had to decide, which are within the Magistrates Courts jurisdiction] can be more cost effectively dealt with in the ordinary courts.

26.6 The SIU is not empowered to simply usurp the rights of state institutions and to claim on behalf thereof eo nomine when the Unit is of the view that relief should be sought. The SIU is not a "super plaintiff" to manage the affairs of State Institutions without consideration of their needs and wishes. The Act only entitles the SIU eo nomine to proceed before the Tribunal for the adjudication of a dispute arising from the investigation. It is for the State Institution to decide what relief should be sought.

26.7 The Tribunal may in appropriate circumstances, having decided or ruled on the dispute, grant orders to give effect to its ruling, such as an order for performance or payment of money. However, the Unit can only eo nomine ask for a declaratory ruling or decision to the effect that such performance or payment is due to the institution. The actual order for performance or payment can only be made if the relevant institution to which the performance or payment is due has been cited and associated itself as a plaintiff or applicant with the order sought or has ceded its claim to the SIU.

27. The SIU noted an appeal against the judgement of Pickard, JP. The appeal was dismissed by Froneman, J in the Eastern Cape Provincial Division [SIU vs Ngcinwane and another , unreported case no CA 375/2000].

28. As a result of the Pickard and other judgments, the SIU has asked for the Act to be amended in several respects. The proposed amendments have already been submitted to the Department of Justice.

Although we are in principle in agreement with most of the proposals, we are unable to give our unqualified support to the following two proposals. These matters require careful consideration and many other role players need to be consulted first:

Firstly, that the Special Tribunal should have the same status as a division of the High Court of South Africa. This proposal is aimed at solving the problem regarding eviction in terms of the Land Claims Act which bestows jurisdiction only on the High Courts and Magistrates Courts. Instead of giving the Tribunal the same status as a High Court, jurisdiction can be bestowed on the Tribunal by appropriate amendments to the SIU Act and the Land Claims Act. The question can be posed whether it is necessary to grant the Tribunal the status of a High Court merely to cater for exceptional matters.

Secondly, the proposal giving the SIU the right to eo nomine institute civil proceedings on behalf of any state institution that has a lawful claim against a defendant in circumstances discussed in par. 26.7 supra. This proposal is aimed at solving the problem of state institutions who are unwilling to co-operate with the SIU to institute an action in the Tribunal.

It will indeed be a sad day if state institutions are unwilling to co-operate to recover moneys due to it, and if they are, they should be held accountable for their failure to act. One of the responsibilities of accounting officers in terms of the Public Finance Management Act is to collect all monies due to the department. The Tribunal, having been seized of the matter, is clearly the appropriate forum to determine the quantum, if any, and to make an order regarding payment or performance.

Although we do not give unqualified support to the proposal, some procedure should be in place either to compel a reluctant Institution to co-operate or to act against the responsible accounting officer where failure to co-operate amounts to a breach of duty. The co-operation of the relevant institution would in any event be required in matters where the defendant files a counter claim, or in instances where the SIU is seeking cancellation of a contract and has to tender restitution.

We recommend that the SIU and the Department of Justice meet urgently in order to finalise the proposed amendments which the SIU now needs to conclude matters in the Tribunal.

The future role of the Unit.

As stated supra, the audit undertaken necessitated an overview and a review of the function, aim and purpose of the SIU. Given the tasks performed, the team is in an ideal position to provide certain inputs regarding the possible future role of the SIU.

Having considered the volume and nature of the work presently in the offices of the SIU, it is clear that if correctly managed, there will for the foreseeable future remain a need for a unit such as the SIU.

We are largely in agreement with the purpose of the SIU as succinctly embraced in its mission statement. With a few minor amendments thereto, we view the SIU`s function to be as follows: "to provide the highest quality professional forensic investigation and litigation service to the State at national, provincial and local levels. The activities of the Unit are to effectively combat serious instances of maladministration, corruption and fraud involving the administration of State institutions and to protect and recover State assets and public money"

The ability to act swiftly in order to investigate and to recover losses or to prevent losses, must however be the main characteristic of the unit.

To achieve that, the inflow of work must be properly managed. The unit cannot simply take on everything that is passed on to them by other parties. Matters will have to be prioritised to prevent the present situation where the workload has become unmanageable.

The Unit must not be viewed by state institutions as a dumping ground for all irregularities with financial implications, thereby relieving them of their responsibilities. The investigation, recovery and prevention of losses resulting from such irregularities are primarily the responsibility of the accounting officers of state institutions.

Secondly, the Unit must be able to deal with matters which are still relatively new. Apart from problems such as prescription, it is a known fact that investigations are often seriously hampered by time delays. To overcome this problem, we are of the view that the possibility should be considered to utilise the SIU as a forensic unit for the Auditor General.

The Auditor-General does not have the forensic capacity nor the powers to investigate irregularities in depth.

Many of the matters which the SIU is presently dealing with have previously also been dealt with by the Auditor General in that the Auditor-General had reported and frowned upon those alleged irregularities several years ago already.

Had the Auditor-General then been in a position to refer the matter to a unit for investigation and further action if necessary, matters could more expeditiously have been brought to finalisation.

The time delay since the first discovery of and report on the irregularity and the subsequent commencement of investigation by the SIU, is in most of the cases too long. There is no speedy process in place to enable the SIU to deal with matters that are figuratively speaking still "fresh".

In most instances referrals to the SIU were preceded by at least one but in many cases two or even more investigations. These were either performed by private auditors, commissioners or the Auditor General. The fiscal expenses in this regard must be astronomical. The problem with all of these investigations is that despite being able to identify certain irregularities, etc., they do not possess of the powers to take the findings to their logical conclusion. For most parts, the investigations were also of a preliminary nature, in many instances not supported by reliable evidence.

Having gone through the auditing process, the Auditor-General would be in the best position to identify and prioritise matters which should be dealt with by the SIU. It should not be bogged down with trivialities; it should, furthermore, given the cumbersome process and stifling results , not be dependent on a proclamation for its jurisdictional operational basis.

A proposed legal basis

Section 188 of the Constitution, Act 108 of 1996, prescribes that the Auditor General audits and reports, and that it must submit reports to any legislature having a direct interest or any authority prescribed by legislation. It also has the additional powers prescribed by legislation.

The Special Investigating Units and Special Tribunals Act, 74 of 1996, presently provides for the ad hoc establishment of SIU`s by way of (special) proclamation. In addition it should provide for the establishment of an SIU together with a Special Tribunal in terms of the Act itself, that can act as prescribed in section 5, within the terms of section 2(2) upon any matter referred to it by the Auditor-General.

The Auditor General Act, 12 of 1995 , should be amended by including a further section(probably a section 5A) in terms whereof matters that has come to his/her attention which fall within the ambit of section 2(2) of the Special Investigating Units and Special Tribunals Act and which, in the discretion of the Auditor General is of such a serious nature or of such an urgency that it demands immediate action and or further investigation by the SIU, refer such matter to the SIU.

Views of relevant role players

It was viewed of import that the above proposal not be made without some discussion taking place with both members of the SIU and the Auditor General. In a written response received from the SIU, the proposal is met with motivated approval. At a meeting on 20 March, it was also mooted with Mr Fakie, who is prepared to consider such a proposal.

In conclusion

The proposal, although wider in ambit and not limited to the end result of an audit, is also in line with section 3(2)(c) of the Auditor General Act, which provides for the Auditor General to also perform such functions by virtue of any other law in relation to the steps to be taken as a result of an audit.

Although amendments to the two relevant Acts will be necessary, the proposal corresponds with what is presently envisaged to be achieved by both Acts.

The benefits of the proposal are that it provides for:

a more swift and speedy procedure;

referral by the Auditor General, who is better equipped and in an excellent position to distinguish those matters that should be attended to;

referral by an independent body; and

(immediate) action upon the audit and report of the Auditor General where necessary.

Monitoring and Implementation

45. If the above recommendations regarding the investigations by the SIU are agreed with and implemented:

45.1 there might be a need to withdraw some of the proclamations issued in matters where the investigations have not been finalised but which should not, in accordance with the recommendations, be proceeded with.

45.2 consultation with some relevant institutions (see, for instance, par 1.13 of Annexure A) will be necessary regarding the future handling of matters.

45.3 in terms of the recommendations the SIU is required to file reports, whether these are because the investigation has been concluded or as progress reports on feasibility. Some monitoring will be necessary. So too, a further audit on the continuance or not of some of the investigations. Since the reports on feasibility have to be filed by 30 June 2001, it is proposed that the audit team then meet again to assess the position regarding progress made and to make further recommendations. Such recommendations should, preferably, be made after the future of the SIU has been determined.

45.4 urgent and serious consideration has to be given to legislative amendments in order that matters pending or to be instituted in the Special Tribunal can be speedily finalised.

45.5 three extended Proclamations have to be issued as a matter of urgency (vide Annexure A, paras 1.9, 9.1 and 9.16)

Signed at Pretoria on this the day of April 2001

_____________________________________

J S M Henning SC

Special Director of Public Prosecutions: Court Management

Supplementary Report on Financial Issues

1. After having done the case audit we were requested by the Minister to also report on the expenditure per proclamation.

We met with members of the SIU, including their former financial manager, Mr. Coetzee, and his successor Mr Hughes, who again kindly assisted in providing us with all relevant information as well as various financial statements.

As indicated in par 15 of our main report many of the proclamations specify several matters to be investigated. These matters are not necessarily inter-related and often emanates from different institutions. Often, more than one team work on the same proclamation, albeit on different aspects thereof. As is evident from par 14 of our main report, each team may deal with a number of proclamations and or parts of proclamations. In conducting investigations away from their head quarters in East London, the SIU would simultaneously attend to various matters, utilising the opportunity to investigate different aspects of different proclamations. Records of expenditure are therefore kept, not per proclamation, but per team. Even though a proper financial control system exists, it is not possible to break down the expenditure per proclamation.

Given the above, we directed the investigation at what is measurable or ascertainable relevant to expenditure. We also asked for a comparison of total expenditure vis a viz achievements of the Unit. The SIU provided the required information.

Although the SIU`s budget is allocated by State Expenditure via the Department of Justice, the Head of the Unit is the accounting officer. (The SIU was proclaimed a schedule III body in terms of the Public Finance Management Act.) Budgetary allocations are made to the SIU and some Departments also make a contribution pertaining to the investigations by the SIU into their affairs. The relevant figures for the years 1999-2001 are as follows:

Total Funds Received
Year	Dept. of Justice Grants	Other	Total
1997/1998	9,646,000	276,508	9,922,508
1998/1999	16,192,000	557,363	16,749,363
1999/2000	16,894,000	65,000	16,959,000
2000/2001	17,739,000	-	17,739,000

4. The annual auditing is done by PDB-auditors on instruction of the Auditor General. The financial statements are contained in the Annual Reports of the SIU and are submitted to Parliament. Also contained in the Annual Reports are reports of the Auditor General on the achievements of the SIU.

5. Annual Report for the year 2000-2001 still has to be prepared and the annual audit has not yet taken place. The SIU was, however, prepared to provide us with the following unaudited figures:

As can be seen from the above, expenditure is not allocated per proclamation but per cost centre. The expenditure is allocated to 16 different cost centres, showing which amounts went towards salaries, overheads, operating expenses and fixed assets relating to each of the cost centres.

6. The following diagram reflects the audited expenditure versus achievements of the SIU for the period 31 January 1998 - 31 March 2000:

Although figures for the financial year 2000-2001 have not yet been audited, the SIU provided the following unaudited figures regarding cash amounts recovered. (The total expenditure amounted to R18 616 million.)

In addition to the above the SIU received R2,384,381.80 on behalf of Local Councils

8. Even if the amounts listed under prevention of loss, transparency in tender process and recovery of assets are not taken into account, it is clear that the SIU has in financial terms justified its existence. The cash recoveries far exceed the total expenditure.

9. Institutions indeed benefited from the operations of the SIU. The following is an analysis of monies distributed by the SIU during the financial year 1 April 1999 to 31 March 2000 [total monies disbursed R111, 356,723.17]

10. The value of a unit aimed at ensuring clean public administration should, however, not be determined in monetary terms alone. The SIU also serves to prevent and deter, give advice and identify shortcomings regarding financial control measures. It is the ultimate performance of the SIU that will determine its value. In this regard it is relevant to mention that policies and procedures were implemented to govern the operations of the Unit, ensuring tight financial control over the Unit’s resources. (For example, the Unit is broken down into cost centers, with each cost center being allocated a unique cost center number. Members are required to enter their cost center number on a Photostat machine in order to operate it. Monthly reports are compiled, per cost center, in order to monitor the number of photocopies made.)

A proper scientific performance management system was also implemented by the SIU. The latter makes provision for performance review, -evaluation, -moderation, -feedback and future planning. The following is a summary of the performance appraisal of the members of the SIU for the years 1999 and 2000.

January to December 1999

Dimension

Operational Average

Support Average

Technical Knowledge

71%

70%

Quantity of Performance

70%

67%

Quality of Performance

72%

66%

Development of Technical material

58%

58%

Interpersonal relations

73%

74%

Dedication

72%

69%

Problem solving

64%

60%

Self development

60%

50%

January to December 2000

Dimension

Operational Average

Support Average

Technical Knowledge

74%

72%

Quantity of Performance

71%

73%

Quality of Performance

74%

74%

Development of Technical material

60%

51%

Interpersonal relations

73%

71%

Dedication

74%

72%

Problem solving

70%

62%

Self development

50%

50%

12. Some reference should be made to the salaries paid to members of the Unit. (The Head’s salary is paid from a different budget and is not reflected in the above expositions regarding costs/ expenditure)The Unit applies the Peromnes system for salary evaluation as guidelines for salary indicators. The process adopted can be summarised as follows:

JOB GRADING

A job description for each position is defined.

The job description is scientifically evaluated and graded according to the Peromnes System criteria

A grade is allocated to the position.

SALARIES

A pay structure was developed for the Unit, making use of a number of factors and criteria.

The results of this structure are then applied to determine the External Pay Indicator (EPI) of the market at any given time during the year.

Current pay structures are compared to the EPI and differences are addressed.

13. Notwithstanding the fact that the inflow of work was not properly managed, the achievements and performance of the SIU were, also from a financial perspective, quite impressive.

[PMG Ed Note: Diagrams showing budget allocations not included]

ANNEXURE A

Recommendations:

These recommendations made are based on the information supplied by the SIU. The order below follows the way the presentations were made by the SIU for purposes of the audit. Reference is made to the relevant proclamation(s), and where known the SIU reference is given. A brief summary of the facts of each case under discussion is also provided. This report only covers those cases not already finalised by the SIU and is not intended to be a comprehensive report of everything investigated by the SIU.

Where payments in terms of judgements or acknowledgements of debt [hereinafter referred to as AoD’s] are being collected, this is referred to as debt collecting in the report. Transitional Local Councils are referred to as TLC’s.

1 Team Walker

1.1 R21/98 Case 245/2/98 - Department of Housing, KwaZulu-Natal:

Facts: Government employee Dlamini fraudulently used a Petrol Card. He signed an AoD of R2 204 but is not paying accordingly.

Other agencies: SAPS PMB CAS 435/7/97 - withdrawn.

Disciplinary steps should be taken by the Department of Transport.

Present status: The investigation has been finalised and action was taken.

Recommendation: SIU and Audit team both recommend closure and for the matter to be referred to State Attorney to proceed with action to collect the debt.

1.2 R21/98 Case 12/11/98 ; R74/98 Cases 1/4/99, 5/1/99 and 9/10/99 - Department of Housing, KwaZulu-Natal:

Facts: Fraudulent ‘labour-only’ contracts (Paulos, Ace, Zuma and Valleyview). The main culprits are Jagaran, (see too 1.6 infra Idube Race Way, Case 67/2/98) who does have assets, and Pascoe, a government employee who has been dismissed.

Other agencies: Many SAPS dockets have been opened, one is presently at the office of the DPP Natal to decide; one case is set down for trial.

Present status: The investigation has been finalised and the matter is pending in the Tribunal.

Recommendation: SIU to continue.

1.3 R21/98 Cases 55/2/98; R74/98 Cases 1/4/98 and 3/4/98A - Department of Housing, KwaZulu-Natal:

Facts: Fraudulent ‘labour-only’ contracts (Loch Sloy, Community Hall and Merrivale - R733 000)

Other agencies: SAPS PMB 900/9/97 and 133/6/98 - pending.

Present status: The investigation has been finalised and the matter is pending in the Tribunal.

Recommendation: SIU to continue, matter already pending in tribunal.

1.4 R21/98 Cases 66/2/98 and 58/2/98 - Department of Housing, KwaZulu-Natal:

Facts: Defendant Mthimkulu involved with the issue and cashing of false cheques marked ‘not transferrable’ (R45 000 and R63 000). The SIU instituted action against First National Bank.

Other agencies: Clearly fraud was committed. A docket has been registered but the main witness, a Captain in the Army, was allegedly not traced. However, the SIU is aware of the whereabouts of the witness.

Present status: The investigation has been finalised and the matter has been pending in the Tribunal since 1999 awaiting the decision of the Tribunal (Skweyiya J) on whether the instruments are in fact cheques and not promissary notes (This judgement is also relevant to other matters).

Recommendation: SIU to continue.

1.5 R21/98 Cases 3/8/98 and 51/2/98 - Department of Housing, KwaZulu-Natal:

Facts: False cheques issued and cashed (R96 000 and R181 000)

Other agencies: Case 51/2/98 is part of Operation ‘Cobweb’, an investigation by IDSEO.

Present status: Investigation finalised. The Department appointed attorneys to act on its behalf and court action is pending.

Recommendation: Both SIU and Audit recommend that this matter be closed.

1.6 R21/98 Cases 67/2/98, 68/98, 69/2/98 and 70/2/98 - Department of Housing, KwaZulu-Natal:

Facts: False claims by Idube Race Way; Steel containers misappropriated. Main culprit Bailey (R336 000) (See 1.2 above: also Jagaran)

Other agencies: A criminal case is pending (Camperdown CAS 36/5/97); in another matter the accused was acquitted (PMB CAS 174/3/97).

Present status: The investigation is finalised. There are many defendants, some are already paying, others are contemplating signing AoD`s. One AoD that is not being paid is to be referred for collection to the State Attorney. The SIU is of the view that this matter can be finalised within a reasonable time.

Recommendation: SIU to finalise in Tribunal and the AoD to be referred to the State Attorney.

1.7 R21/98 Case 49/2/98 - Department of Transport, Emanguni Hospital:

Facts: Theft of vehicles by private individuals.

Other agencies: SAPS Emanguze CAS 14/3/97 closed as the accused is allegedly ‘undetected’.

Present status: The investigation is finalised and AoD’s are being paid by 3 defendants. An SIU quantum hearing against 1 defendant will be abandoned because of the difficulty to prove the quantum.

Recommendation: Apart for debt collecting, the case is (to be) closed.

1.8 R21/98 Case 53/2/98 (C00005012000) and 54/2/98 - Department of Finance:

Facts: Inflated claims for work performed.

Other agencies: SAPS Eshowe CAS 169/6/95 (an old case) and Eshowe CAS 14/3/97 closed since the accused is allegedly ‘undetected’.

Present status: The investigation is finalised. Case 53/2/98 (C00005012000) will be closed soon, since only a sale of the property has to take place. In Case 54/2/98, the matter has already been set down for trial.

Recommendation: SIU to continue, matters soon to be finalised.

1.9 R41/98 Case 71-73/2/98 and 9/5/98 - Departments of Traditional and Environmental Affairs and of Public Works*:

Facts: Cheque Fraud where cheques also marked "not transferrable". The SIU instituted action against ABSA - 3 cheques are involved (R380 000, R390 000, R390 000) and also a 4th, which falls outside the parameters of the present proclamation because it is a Department of Public Works cheque (R360 000). The Department of Justice referred the matter of the 4^th Cheque to the NDPP, but no prosecution could be instituted. The amount can however be recovered civilly.

Other agencies: Ulundi CAS 33/8/96. Also an IDSEO investigation (T Jeena - Operation ‘Cobweb’).

Present status: The investigation is finalised and the matter is pending in the Tribunal.

Recommendation: SIU to continue. (This matter is also being delayed in abeyance of the judgement of Skwejija J).

*An extension of the Proclamation should urgently be issued regarding the 4th cheque, as it can easily be consolidated with the present matter because the claim is based on the same cause of action against the same defendant [See Annexure B nr 75 (file 63)].

1.10 R41/98 Case 74-76/2/98 - Department of Traditional and Environmental Affairs, KwaZulu-Natal:

Facts: Cheque Fraud: 6 false cheques issued and cashed, also marked "not transferrable".

Other agencies: An IDSEO investigation as well, the criminal trial is set down for 20 April 2001 in Durban

Present status: The investigation is finalised and default judgement in the amount of R1.8 million was obtained. The SIU managed to seize R184 000 and the case is closed as regards the defendant. However, a trial regarding his wife`s claim to the property is still to take place within the near future.

Recommendation: SIU to continue, matter to be finalised soon.

1.11 R41/98 Case 242/2/98 - Department of Treasury, KwaZulu-Natal:

Facts: 2 fraudulent cheques.

Other agencies: O G Masala was convicted on 3 counts of Fraud involving R1.4 million and sentenced to 6 years` imprisonment. The Asset Forfeiture Unit is still to act.

Present status: SIU left this matter for IDSEO to take steps.

Recommendation: To be closed.

1.12 R70/98 Case 44/2/98 - Durban Metro Council:

Facts: Fraudulent tenders, R550 000

Other agencies: SAPS. Apparently a solid State case, but it is not known whether a case has been registered.

Present status: The investigation is finalised and judgement in the amount of R350 000 was obtained, to be paid by former employees. An appeal is pending re the SIU`s jurisdiction/ locus standi.

Recommendation: SIU to continue, case soon to be finalised.

1.13 R74/98; R93/98 Cases I0011100 and I002000 - Department of Health and Welfare, Eastern Cape:

Facts: A huge and ongoing investigation into the unlawful payment and theft of pension moneys and other government grants.

Other agencies: There is a cooperative approach to this investigation by SAPS, SIU, the relevant Department, etc. SAPS Operations: BMW; Rotten Apples; Exchequer. Bisho case :10 accused sentenced to 210 years in toto and in terms of s 300, R3.7 million was ordered to be paid in compensation. In another criminal case the accused was sentenced to 6 years imprisonment. A further criminal case where the amount involved is R3.5 million, is being prepared for court.

Present status: 50 million cases are still to be investigated and criminal cases prepared - the SIU is playing a major role in supplying the necessary infra structure and expertise. An important data base and structure for verifying and obtaining data has been put in place.

Recommendation: This is an important investigation. Given the fact that the cases investigated are following the criminal route, the enormous investigation still to be done and the already co-operative approach, it is recommended that this investigation continue. The supportive role played by the SIU in this joint exercise should gradually be taken over by the relevant Department, which also has a duty to take steps to control and to prevent these fraudulent acts from continuing. Thus, the Department should establish its own investigative unit that can take over. Such a Departmental team should learn from the present team involved in order to be able to continue with this already specialised investigation.

The approach, to prepare cases for trial, appears to be a salient one and is fully supported, and should be continued with by the team that takes over. No doubt the taking of criminal steps will serve to support preventative measures. Pending such a take-over, which should occur within the next 11 months, the SIU should continue with its present role and should assist with the establishment of such other, skilled, investigative unit. To be rounded off with a progress report by not later than 30 June 2001.

1.14 R74/98 Cases 11 - 14/3/2000 - Department of Housing, KwaZulu-Natal: (See too Rheeder Team infra)

Facts: Irregular payment of housing subsidies by and to conveyancers, continued with by the Department despite warning by the Fidelity Fund.

Other agencies: 4 or 5 attorneys also to be prosecuted, SIU will assist.

Present status: Investigation into 4 or 5 attorneys nearly completed and also awaiting precise quantum determination - Case 12/3/2000, R1.2 million to be claimed; Case 11/3/2000 R1.2 million to be claimed. Also cases 13/3/2000 and 14/3/2000. However, the full investigation is still far from complete with many conveyancers still to be investigated.

Recommendation: This leg of the investigation follows upon an investigation by the State Attorney which was taken over by the SIU in1998. The Rheeder team, found innumerable irregularities and criminal acts having been committed. The SIU should continue and all effort should be made to prioritise within the subject matter. The SIU to file a report by 30 June 2001 on the feasibility to continue.

1.15 R 74/98 Case 11/10/99 - Department of Housing, KwaZulu-Natal:

Facts: Irregular payment of housing subsidies to contractors.

Other agencies: None

Present status: A preliminary investigation in this case revealed nothing irregular as yet: the contractor resumed building houses.

Recommendation: To be closed.

1.16 R 74/98 Case 1/12/99 - Department of Housing, KwaZulu-Natal:

Facts: Irregular payment of housing subsidies to contractor :presently the complaint is about a single house.

Other agencies: The Department appears reluctant to take steps against the Developer of the Year, and has therefor not taken any steps. However, a forensic report was requested by the Department- it can itself act on any recommendations made.

Present status: Some investigation has been done and the SIU will finally discuss this matter within a week with Prof Kusi.

Recommendation: To be closed.

1.17 R26/99 Case 1/8/98 - Department of Agriculture, KwaZulu-Natal:

Facts: Plant Equipment stolen R61 000 and R29 000.

Other agencies: None

Present status: The investigation has been completed and an AoD of R29 000 was signed in one matter, but it is pending judgement re locus standi in the other matter.

Recommendation: SIU to continue, will soon be closed.

1.18 R85/99 Case 11030800 - Department of Public Works, Western Cape:

Facts: Irregularities in repairs and maintenance of Government buildings involving officials and contractors.

Other agencies: Many SAPS dockets and also a SARS investigation into VAT fraud which is not directly related.

Present status: The investigation is at a preliminary stage. Many logistical problems have been encountered. The Department`s filing system appears to be in a shambles. There are numerous allegations of corruption and irregularities, almost all of which are presently still untested. The team needs a month to test the allegations. There is a potential for recovery from contractors. Disciplinary steps will be necessary against officials. If fully investigated, this will take another 2 years, the allegations encompass the whole of the Department of Public Works.

Recommendation: SIU to file a report by 30 June 2001 on feasibility to continue.

1.19 R69/2000 Case 15/11/99 (A 0510900) - Department Housing, KwaZulu-Natal:

Facts: Irregular expenditure of RDP-funds (one fund R3.4 million, another project R20.8 million).

Other agencies: Many Forensic audits already done: Some 20 SAPS dockets already opened.

Present status: A new and huge investigation. SIU has not investigated as yet.

Recommendation: SIU to file a preliminary report by 30 June 2001 on feasibility to continue with investigation.

2. Team Steenkamp

2.1 R76/97 - Butterworth TLC:

Facts: Collection of rates and taxes.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to close. Only debt collection ongoing. This should be transferred to Premier for the special attention of the MEC of the Department of Local Government.

2.2 R61/98 - Ciskei Farms:

Facts: Unlawful occupation of State land.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to withdraw summons and possible costs to be reckoned with.

2.3 R61/98 - Transkei Farms:

Facts: Unlawful occupation of State land.

Other agencies: Tsolo CR 181/7/98 (theft of State property).

Present status: Investigation finalised.

Recommendation: SIU to close soon (301 eviction orders obtained, Department is negotiating with 6 others, 2 outstanding). Repossession matters pending criminal case. Currently pending in Tribunal.

2.4 R69/98 - Rail Commuter Corporation:

Facts: The loss of State funds through theft and fraud. Assets frozen on Isle of Jersey and Isle of Man.

Other agencies: SAPS and DPP (WLD).

Present status: Investigation finalised. Investigation into waterworks not yet started but hope to finalize by June 2001.

Recommendation: SIU to proceed as matter is pending in Tribunal awaiting the finaisation of the criminal trial.. State Attorney cannot take over and proceed as prescription may then be a problem. There is also a possibility of recovery by AFU within RSA. SIU to file a report by 30 June 2001 on feasibility to continue with investigation into Waterworks.

2.5 R61/99 - Department of Transport, Northern Province:

Facts: The theft and misuse of petrol cards

Other agencies: None at this stage. Three audit reports filed.

Present status: Investigation far from complete

Recommendation: SIU to file a report by 30 June 2001 on feasibility to continue.

Huge investigation which will take 2 years to investigate, can, however, start with a projection of duration and amounts involved.

Team Dutton

3.1 R59/98 - Karia/Panagis building contractors MEC Education/Public Works, Eastern Cape:

Facts: Lease of building in wrong town (PE), however, lessors abandoned rights.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed.

3.2 R125/98 - Department Public Works, Mpumalanga:

Facts: Flood relief for schools affected by floods in 1996. 22 schools investigated for irregularities and approximately R3 million spent on work not done properly and/or claims on false invoices, etc.

4 Schools fraud clearly committed: no flood damage, yet contractors were paid, being Swanepoel, Cormin Services, Nellencor, J A Builders, Kumm Services. The schools are:

Makhathini Primary, Mhluzi Township Middelburg

Manyano Primary, Mhluzi Township Middelburg

Phakama Farm School, Lydenburg

Vusingqondo, Ermelo

Other agencies: SAPS apparently some matters withdrawn.

Present status: Investigation far from complete.

Recommendation: SIU to provide a report by 30 June 2001 on feasibility to continue.

3.3 R128/98 - Mpumalanga Parks Board:

Facts: False invoices created for services rendered to Parks Board.

Other agencies: SAPS, Criminal matters pending (DPP: Tvl), AFU to act.

Present status: Investigation finalised.

Recommendation: Closed.

3.4 R72/97 - Eastern Cape Provincial Government:

Facts: Fraudulent use of motor vehicle finance scheme.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: Closed but SIU is still debt collecting agent on behalf of Provincial Government.

3.5 R 74/98 - Mpumalanga Service Commission:

Facts: PA Ngwenya: Unlawful use of hired vehicle and subsequent accident damage.

Other agencies: None.

Present status: Investigation finalised

Recommendation: Closed, SIU debt collecting agent for another year or so, but could be transferred to another agency.

3.6 R72/98 - Mpumalanga Provincial Legislature:

Facts: Fraud/theft of constituency monies.

Other agencies: Criminal cases pending in Nelspruit 15-18 May (adv Lategan, DPP, Tvl)

Present status: Investigation finalised.

Recommendation: SIU to proceed, matter pending in tribunal (another 2 months to finalise).

3.7 R74/98 - Mpumalanga Provincial Legislature allowances:

Facts: Unauthorised hiring of motor vehicles.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed.

3.8 R74/98 Case 110/02/98 - Department of Education, Mpumalanga:

Facts: Two matters against Senoko Enterprises for fraudulent claims (R16 million - potential fraud).

Other agencies: SAPS should be involved.

Present status: Investigation finalised.

Recommendation: Both matters to be closed. Senoko under liquidation.

3.9 R74/98 - Land Affairs, Kangwane Government:

Facts: Transfer of Government owned land to individuals.

Other agencies: None.

Present status: Investigation not yet finalised.

Recommendation: To be closed, no prospects of success.

3.10 R74/98 Case 246/02/98 - Department of Safety and Security, Mpumalanga:

Facts: Mahlangu owes money to Department Safety and Security. He hired a vehicle without authority to do so. He also claimed payment for a telephone account.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to proceed. Matter pending in Tribunal. (Mahlangu resigned during internal hearing and some form of negotiations took place. Department to confirm).

3.11 R74/98 Case 107/02/98 - Department of Agriculture, Mpumalanga:

Facts: An ex employee, Monate, owing money to Department in respect of the hiring of a vehicle.

Other agencies: Convicted and sentenced to eight and a half years imprisonment.

Present status: Investigation finalised

Recommendation: SIU to close. AoD signed but money deducted from pension paid directly to Department of Agriculture.

3.12 R74/98 - Department of Public Works, Mpumalanga:

Facts: Employee Mahlangu owing money to Department. He unduly received subsidies and travel allowances.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to close, Department can proceed itself. However, the matter is pending in tribunal, SIU needs a month to know if they should withdraw action, allegations maybe not substantiated, possible costs will have to be reckoned with.

3.13 R74/98 Case 144/2/98 and 145/298 - Department of Public Works, Mpumalanga:

Facts: Fictitious services/supplies/double payments (KRC Sardies).

Other agencies: Middelburg CAS 140/10/97, accused Klopper, Coombes, Rothman, Brits and Visser.

Present status: Investigation not yet finalised as the matter was de-prioritised.

Recommendation: SIU to proceed and finalise within six months. Pending in Tribunal. However, quantum not known, and also not sure whether recoveries are possible.

3.14 R60/98 Case 170/2/98 - Department of Finance, Eastern Cape:

Facts: Failure of employee to pay money owing on bursary.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to continue. Matter pending in Tribunal but notice of cancellation of agreement cannot be found. Department should have taken steps. Possible costs (+/- R6 000) to be reckoned with if withdrawn.

4. Team Rheeder:

4.1 R74/98 Case 235/2/98 - Department of Housing, KwaZulu-Natal:

Facts: Fraudulent payment of individual subsidies.

Other agencies: SAPS.

Present status: Investigation finalised (except part of investigation taken over by Walker team. See 1.14 infra).

Recommendation: SIU to close except for debt collecting ongoing (4 - 5 years).

1. Individuals: Closed (recoveries R2 144 250.98).

2. Projects referred to Walker team (See 1.14 infra).

3. Conveyancers referred to Walker team (See 1.14 infra).

4.2 R21/98 Case 90/2/98 - Department of Transport, KwaZulu-Natal:

Facts: Fraudulent use of First Auto Card. Many cars, 912 dealers involved.

Other agencies: SAPS 44 cases.

Present status: Investigation finalised.

Recommendation: SIU to continue, matters pending in Tribunal.

4.3 R74/98 Case 33/3/99 - Road Accident Fund:

Facts: Overreaching by attorneys.

Other agencies: Further investigations by SAPS necessary and information obtained by SIU to be forwarded to Director S Grobler.

Present status: Investigation finalised.

Recommendation: Closed as a result of Constitutional Court judgement, but debt collecting ongoing for next 6 months.

4.4 R74/98 Case 88/2/98 - Department of Education, Eastern Cape:

Facts: Blank government cheques stolen and then printed and distributed. 313 Cheques cashed throughout the country.

Other agencies: Criminal cases to be looked into. No information presently available.

Present status: Investigation finalised.

Recommendation: SIU to continue. R89 064.62 recovered. Remaining cases pending in Tribunal.

4.5 R74/98 Case 6/3/98 - Study Bursaries, Department of Public Works, Bisho:

Facts: Study Bursaries not repaid by individuals.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: Closed but still collecting debt till end of 2001, although another agency could proceed.

4.6 R74/98 Case 84/2/98 - Department of Health, Eastern Cape:

Facts: Fraud and theft committed by employees of Komani Hospital.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: Closed but still collecting debt for next 1-2 years.

4.7 R74/98 Case 85/2/98 - Department of Public Works, Bisho:

Facts: Inflated and irregular quotes for building material.

Other agencies: Old SAPS matter (97 docket) will be re-opened. SIU provided Mr Nel, Dep Director, Forensic Audit - Public Works, with all relevant information.

Present status: Investigation finalised.

Recommendation: To be closed A settlement in the amount of R900 000.00 reached (2 houses presently being sold).

4.8 R74/98 Case 244/2/98 - Department of Traditional and Environment Affairs, KwaZulu-Natal:

Facts: Cheque fraud. (Officials and employees altering cheques)

Other agencies: SAPS Ulundi CAS 70/3/98 withdrawn. Information of SIU to be obtained.

Present status: Investigation finalised

Recommendation: SIU to proceed. Matter pending in tribunal, will require 1 year to finalise.

4.9 R74/98 Case 11/6/98 - Department of Defence:

Facts: Corruption and fraud involving SANDF vehicles.

Other agencies: Criminal matters to be given to SAPS/NDPP by Military Police.

Present status: Investigation far from complete, although finalised in one matter.

Recommendation: SIU to close against 3 dealers, except for matter against Potgieter and others pending in tribunal at present, to be finalised.

4.10 R40/99 Case 16/11/98 - Co-ops, Farmers grants:

Facts: Money guaranteed by Government to cover debts of farmers not used for intended purpose.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to close, no evidence to substantiate.

4.11 R53/99 - Department of Housing, Gauteng:

Facts: Fraud in respect of individual housing subsidies.

1. Individuals: 4000 possible frauds from 140 000 cases investigated.

2. Contractors: 20 investigated thus far from 189, nothing irregular found as yet.

3.Conveyancers: a letter complimenting conveyancers on proper handling is being used by attorneys who allege that Department is estopped from acting against them!

Other agencies: None at this stage.

Present status: Investigation far from complete although much has been done.

Recommendation: SIU to file a report by 30 June 2001 on feasibility to continue with the investigation.

SIU acting as ‘Departmental Inspectors’ with no assistance from Department. Departmental inspectors issued certificates without inspections having been done, houses not completed, no water, sewerage, etc

A cheque falling just outside of the Proclamation should be referred to the State Attorney for recovery. SIU to provide the information.

5. Team Qoko

5.1 R36/99 - Agri-Eco, Free State:

Facts: Private company, incorporated with the Government as the only share holder. A commission of enquiry submitted a report to Premier, pointing out possible irregularities. The Company receives millions from Government per annum. A huge investigation (2 squash courts full of documents), and a sensitive matter in Free State.

Other agencies: None.

Present status: Investigation far from finalised.

Recommendation: SIU to provide a report by 30 June 2001 on whether it is feasible to continue and if so, on which aspects. Auditor-General is presently investigating the period after the proclamation. SIU will co-operate, prioritise and establish where money can be recovered. Of concern: cash loans at risk and not controlled (given by eg King Finance against guarantee by Agri-Eco!) consultants fees, etc.

5.2 R69/98 - Border Training centre, Eastern Cape:

Facts: Theft of motor vehicles, allowances, cheque fraud, etc.

Other agencies::2 matters already prescribed to be referred to SAPS - theft of cars and Mndantsane CR 260/6/97 against Hewu to be screened.

Present status: Investigation finalised.

Recommendation: Closed except that SIU still collecting debt from Messrs. Dokoda and Hewu.

5.3 R76/97 - Butterworth TLC, Eastern Cape:

Facts: Overpayment of allowances (R1.2 million).

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to continue. Pending in tribunal since ‘ 99, but amount of +_R200 000 only appears to be recoverable in respect of Mr Bam, rest of councillors are men of straw. (Problem with Act - either summons, or, preferably, the Act to be amended.)

5.4 R93/98 Case 3/3/98 - Department of Education, Eastern Cape:

Facts: Department of Education employee paid R12 000 in excess, now untraced. +- R4 000 recovered from his pension money.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed and referred back to Department of Education for possible recoveries.

5.5 R106/98 - Whittlesea TLC, Eastern Cape:

Facts: Town Clerk bought furniture (R15 000) and stayed in guest house whilst on leave (R23 000) - now practising as an attorney! This is not covered by the Proclamation and extension thereof was requested. However, Department declined. Also collection of rates and taxes.

Other agencies: SAPS to investigate.

Present status: Investigation finalised.

Recommendation: To be closed. Collection of Rates and Taxes to be referred to Premier for special attention of MEC of Department of Local Government.

5.6 R 72/97 - Cicira College Department of Education, Eastern Cape:

Facts: R158 000 stolen in a fraudulent way by Mabandla (Rector) and Xulu (bookkeeper) and both still employed!

Other agencies: SAPS a clear fraud.

Present status: Investigation finalised.

Recommendation: SIU to continue. Pending in Tribunal, pending appeal against finding at disciplinary hearing. Problem of prescription if taken over by State Attorneys.

5.7 R106/98 Case 13/3/98 1 and 2 - Seymour TLC, Eastern Cape:

Facts: Fraudulent use of vehicle and damages paid in respect of accident and cheque fraud.

Other agencies: DPP Umtata declined to prosecute Seymour CR 64/12/97.

Present status: Investigation to be finalised in two months.

Recommendation: SIU to continue and will be in Tribunal in May.

1. Accident damages R83 000: councillors ready to sign AoD’s.

2. Quantum in respect of cheque fraud being determined.

5.8 R76/97 Case 233/2/98 - Butterworths TLC:

Facts: Collection of rates and taxes.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed except for collecting of debt. 3 councillors signed AoD’s.

5.9 R93/98 Case 15/3/98 - Sisonke Community Centre, Eastern Cape:

Facts: A certain Nyoni used funds earmarked for creche for church, +/- R200 000 obtained in fraudulent manner.

Other agencies: SAPS is investigating (PE Commercial Branch, Insp. Kruger, Inquiry 1/11/2000).

Present status: Investigation to be finalised within two months.

Recommendation: SIU to file a report by 30 June 2001 on feasibility to continue.

5.10 R24/98 Case 229/2/98 - Department of Education, Eastern Cape:

Facts: 2 Ex-teachers receiving salaries after resignation, amount involved R300 000.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to continue. AoD to be signed, thereafter only debt collecting.

5.11 R 74/98 Case 231/2/98 - Department Health and Welfare, Eastern Cape:

Facts: False claims and overpayment of part-time District Surgeons. Identified as an "at risk" area by Deloitte & Touche, period 95/96. A huge investigation and applicable claim procedures not relevant for purposes of reporting on, since new and better procedures have since been adopted.

Other agencies: SAPS.

Present status: Investigation far from finalised.

Recommendation: Although SIU foresees a possibility of successful litigation, the Audit team is of the view that such success is remote. Further investigation appears to be a futile and very costly exercise. It is proposed that the findings thus far form the basis for a report to the department and that this investigation be closed. Fraudulent acts already uncovered, if any, to be referred to SAPS.

6. Team Hechter

6.1 R70/98 - Cala TLC Rates and taxes:

Facts: Collecting of rates and taxes (R500 000 by way of default judgement however not being collected due to Pickard judgement).

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed. Debt collecting ongoing, however, to be referred to Premier for special attention of MEC of Department of Local Government.

6.2 R70/98 - Port St John`s TLC Rates and taxes :

Facts: Collecting of rates and taxes.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed except debt collecting ongoing- R300 000 still to be collected to be referred to Premier for special attention of MEC of Department of Local Government.

6.3 R70/98 - Engcobo TLC Rates and taxes :

Facts: Collecting of rates and taxes.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed except debt collecting ongoing- R100 000 still to be collected to be referred to Premier for special attention of MEC of Department of Local Government.

6.4 Department of Public Works, Bisho:

Facts: Fraud alternatively bribery of R302 000 by Stuurman (contractor, now deceased) and Maart (employee, promoted after 1 year`s suspension).

Other agencies: SAPS - Sergt Smith to be prosecuted for Defeating the Ends of Justice, Bisho CR 64/7/97 refers: documents signed for at Public Works not found, only some, at his house after notice had to be served in terms of Sect 5(2)(b) by SIU.

NDPP: Public Prosecutor withdrew matter. This to be investigated and case to be reopened. Money received by Maart can be proved, there might be sufficient circumstantial evidence to prove Bribery.

Present status: Investigation finalised.

Recommendation: SIU to proceed given lack of steps by Department of Public Works. SIU has sufficient evidence to institute action regarding R7 000 for geysers.

6.5 R61/98 - Farm donated by Transkei to Matanzima:

Facts: Illegal transfer of Land.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed. Director-General of Department of Land Affairs’s decision is awaited. However, this claim is doomed: it is debatable whether any duty to disclose the fact of having been disbarred existed. The Tribunal not a court and cannot direct Registrar to set aside a Deed of Transfer; there is also a preferential claim by a bank; etc.

6.6 R70/98 Case 525/2/98 - Qumbu TLC Rates and taxes:

Facts: Collection of rates and taxes.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed except debt collecting ongoing - R100 still to be collected.

6.7 R70/98 Case 15/5/98 - Tsomo TLC Rates and taxes :

Facts: Collection of rates and taxes.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed. (Debt collecting ongoing- R50 000 still to be collected. However, payments have stopped and the sheriff is not attaching any properties, thus not going anywhere.) To be referred to Premier for special attention of MEC of Department of Local Government.

6.8 R70/98 Case 259/2/98 - Umtata TLC Rates and taxes:

Facts: Collection of rates and taxes.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed except for debt collecting> Also to be referred to Premier for special attention of MEC of Department of Local Government. R30 million still to be collected by way of action to be instituted - legislative amendments are, however, needed.

6.9 R70/98 Case 255/2/98 - Nqamakwe TLC Rates and taxes:

Facts: Collection of rates and taxes.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed. TLC closed down and debt of R40 000 still to be collected, to be referred to Premier for special attention of MEC of Department of Local Government.

6.10 R70/98 - Lusikisiski TLC:

Facts: Town Clerk sold erven to himself. After a settlement offer, he passed away.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to lodge claim with executor of deceased estate for R96 000.

6.11 R70/98 - Sterkspruit TLC Rates and taxes:

Facts: Collecting of Rates and Taxes. Town Clerk Molly Beeva obtained R18000 fraudulently. This has been paid back

Other agencies: SAPS to open docket.

Present status: Investigation finalised.

Recommendation: To be closed except debt collecting to be referred to Premier for special attention of MEC of Department of Local Government.

6.12 R106/98 - Port St John`s TLC:

Facts: Overpayment of allowances to councillors.

Other agencies: None.

Present status: Investigation to be finalised.

Recommendation: SIU to continue. Action to be taken re R1 million paid - pending legislative amendments that are desperately needed given the fact that TLC councillors have to mandate action against themselves!

6.13 R106/98 - Sterkstroom TLC:

Facts: Over payment of allowances, Failure to pay for services, Fraud by mayor, etc.

Other agencies: SAPS: CR 81/3/2000 withdrawn.

Present status: Investigation finalised.

Recommendation: SIU ready to continue, an amount of +- R780 000 involved in toto, action to be taken once legislation is amended.

6.14 R61/98 - Kei Border Post, Eastern Cape:

Facts: Lease agreements outstanding.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed after lease agreement has been registered.

6.15 R71/98 Case 21/7/98 - Department of Justice:

Facts: State Attorney Umtata. Maladministration and fraudulent payments to attorneys inter alia Nontenjwa Attorneys at Law- Fraudulent claims of R19 million..

Other agencies: SAPS and Department of Justice.

Present status: Investigation finalised and R14 million recovered. Many assets still to be seized re outstanding R5 million and bills to be taxed by Taxing master.

Recommendation: SIU to continue. Nontenjwa`s and other relevant files to be made available by Department of Justice and perused by SIU. SIU to execute search warrant.

Note: Department of Justice (C Barnard and A Prinsloo) took all closed files from State Attorneys`s office; SIU failed in their attempt to obtain rest of documents also pertaining to other attorneys having been overpaid from Justice. Disciplinary hearing to be finalised. Delay since 1998 to be probed. Action should be instituted by SIU to reclaim moneys paid. Dockets to be opened and criminal prosecutions to be instituted.

6.16 R74/98 - Department Health and Welfare, Umtata:

Facts: Irregular procurement of supplies.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to proceed. Actions instituted and pending for R208 000; default judgement could have been obtained; SIU to continue if legislation with reference to "dispute" qualification is amended, alternatively, refer to State Attorneys.

6.17 R74/98 - Department of Education, Eastern Cape:

Facts: Maladministration of leases and telephones used for private purposes. 80 leases to be cancelled- overcharging, also a lease of a Government building via a third party at R30 million profit! Office space measured in all but three regions.

A telephone account, R3 000, to be paid by Mrs Molo (employee) - Department can act but reluctant.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to proceed with litigation. Ready to issue summons.

7. Team Genis

7.1 R20/98 Case 95/2/98 - Department of Housing, Northern Cape:

Facts: 13 000 possible fraudulent individual subsidies to be investigated as well as fraudulent schemes by conveyancers and contractors to be investigated.

Other agencies: None.

Present status: Investigation still in beginning phase.

Recommendation: SIU to file a preliminary report by 30 June 2001 on feasibility to continue. (A huge investigation with no assistance from relevant Department. Given fraudulent schemes uncovered in Natal, Western Cape and Gauteng, and investigations already done. 11 000 Northern Cape applications have been investigated and files opened, 600 of these are irregular, in 9 hearings were held, possibility of R15 000 to be reclaimed in respect of each irregular granting. Sites still to be visited. Conveyancers still to be investigated.)

7.2 R20/98 Case 6/1/99 - Department of Housing, Namaqualand Project:

Facts:1500 illegal subsidies and houses to be erected

Other agencies: None at this stage. SAPS: some of the matters involve Fraud and should be investigated.

Present status: Investigation completed but sites still to be visited within next 2-4 weeks. Ready to institute action to recover in toto R4.3 million and given extent of investigations, referring matter to State Attorney at this stage will not be cost effective.

Recommendation: SIU to continue and to file progress report by 30 June 2001.

7.3R20/98 Case 051100/2000 - Department of Housing and Steinkopf TLC:

Facts: Double subsidies: Both TLC and Housing Board gave subsidies in respect of same persons.

Other agencies: None.

Present status: Investigation not yet finalised.

Recommendation: SIU to continue with investigations and to file a preliminary report by 30 June 2001 on feasibility to continue. Lists have been compared and several duplications found. Sites still to be visited, hearings with contractors/developers to be held.

7.4 R84/97 Case 97/2/98 - Illegal Holiday Shacks, Groenriviermond:

Facts: Illegal occupation of State Land.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to continue with 48 cases where eviction orders were obtained. A declarater that the appeal has lapsed is to be heard 11 April 2001. The evictions can proceed if the application is successful.

7.5 R22/98 Case 91/2/98 - Sarafina, Department of Health:

Facts: Tender procedures and misappropriation of R10 million. R4 million in assets recovered.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed. The Government is paying the legal costs of dismissed employees in action instituted on behalf of the Government. Further litigation will not be cost effective, the main defendant has been sequestrated.

7.6 R124/98 Case 11/4/98 - Warrenton TLC:

Facts: Irregular sales of houses by former Town Clerk and unlawful contracts pertaining to diamond prospecting.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to proceed. In litigation phase against former town clerk O’Neill, R155 000 claimed but major difficulties with pleadings.

7.7 R83/97 Case 9/4/98 and 10/4/98 - Department of Health and Welfare, Upington:

Facts: Pensions. Fraudulent scheme by officials Isaac and Barends of Department of Health and Welfare to generate fictitious payments. They were suspended for 4 years on full pay, disciplinary steps taken in 2000 and dismissed. R2 million involved. Case 10/4/98 Same officials plus 2 privates, R750 000

Other agencies: SAPS: Upington CR 253/4/96; 4/2/96; 770/8/97 proceeding

Present status: Investigation finalised.

Recommendation: SIU to continue- litigation only regards quantum.

7.8 R29/99 Case 17/7/98 - Kimberley Department of Finance:

Facts: Theft of Government Cheques.

Other agencies: SAPS: Kimberley 567/1/97 Capt. Duvenhage: 2 convicted, 2 acquitted.

Present status: Investigation finalised.

Recommendation: SIU to proceed- already in litigation phase, R210 000 to be recovered, many points taken in limine.

7.9 R61/98 Case 98/2/98 - Crawford Cabins on State land:

Facts: Illegal occupation of State land.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: Will probably be settled soon, defendant was sequestrated.

7.10 R61/99 - Northern Province Licensing Department:

Facts: Huge irregularities regarding issuing of Drivers licences, registration certificates, etc. Major implications if all licences withdrawn, alternatively if not withdrawn! A store room full of documents seized from 14 towns (each takes approximately 4 months to investigate) and temporary workers processing data. The Department of Transport should assist and pay temporary workers, this investigation is necessary but will last forever. Especially given the fact that many similar allegations have been reported in the past and some sting operations by SAPS have taken place, to no avail. The SIU investigator has also resigned.

Other agencies: SAPS.

Present status: Investigation in beginning stages.

Recommendation: A massive investigation. Investigation to be done in close co-operation with SAPS/DPP to have officials et al prosecuted. SIU to prioritise and to file a preliminary report by 30 June 2001 on feasibility to continue and/or the gradual handing over of the investigation to the Department.

7.11 R61/99 Case 1100/2000 - Department of Transport, Northern Province:

Facts: Subsistence claim for overseas trip.

Other agencies: None.

Present status: Investigation almost finalised.

Recommendation: SIU to continue given lack of action by Department. 2 officials involved, 1 submitted travelling claims to SIU. The acting Director General of Department Transport Northern Province refuses to submit claim. SIU now to determine what was illegally claimed by way of advances. Department should have taken steps and deducted amount from salaries. Disciplinary steps recommended.

7.12 R102/98 Case 102/98 - Hamburg Erven:

Facts: 480 erven not transferred as yet to occupants.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to close. Premier to effect transfers so that rates and taxes can be collected, SIU only facilitating process since this falls outside their mandate.

8. Team Vos

8.1 R61/99 Case A1040800 - Department Education, Northern Province:

Facts: Senoko Enterprises issued false invoices for supplies to schools.

Other agencies: Acquitted in criminal trial.

Present status: Investigation finalised.

Recommendation: To be closed; Senoko liquidated, assets seized to trustee, nothing further to be done by SIU - matter referred too late to SIU.

8.2 R61/99 Case A1140800 - Department of Health, Northern Province:

Facts: Theft of medicines from Hospitals.

Other agencies: A criminal matter, SAPS has made some arrests.

Present status: SIU have not investigated as yet.

Recommendation: To be closed.

8.3 R61/99 Case A1150800 - Department of Health, Northern Province:

Facts: Inflated prices on invoices and kickbacks to officials, etc. R1 million fraudulently paid.

Other agencies: Criminal matters, Phalaborwa CR 388/11/97 Makwela (supplier) convicted and compensation order of R132 000 made; Phalaborwa CR389/11/97 Malatsie (investigated, supplier), present status unknown.

Present status: No investigation done.

Recommendation: To be closed.

8.4 R72/97 Case A1160800 - Department of Land Affairs/TLC Port St John`s/Lily`s Restaurant:

Facts: Leasing of land by TLC to private individuals whilst property of Land Affairs, also without complying with relevant regulations.

Other agencies: None.

Present status: No further investigation to be conducted.

Recommendation: To be closed. SIU awaiting feedback from TLC.

8.5 R25/98 Case A1170800 - Department Justice:

Facts: Theft of Warrant voucher magistrate`s office Ekangala (R4.3 million).

Other agencies: SAPS Criminal investigation, 2 accused convicted and sentenced to 6 and 8 years imprisonment; 3 accomplices (Brig Genda and son and another) part-heard in Pretoria, proceeding in April 2001.

Present status: Investigation finalised.

Recommendation: To be closed- R3 million recovered by SIU and last payment to be made soon.

8.6 R30/99 Case A1180800 - SA Chamber of Agricultural Development in Africa (SACADA):

Facts: Grant R15 million from Government. Some maladministration. Nothing for SIU to recover.

Other agencies: Fraud referred to SAPS and DPP Pretoria.

Present status: No further investigation to be conducted.

Recommendation: To be closed. Awaiting acknowledgement of receipt of cession of loan agreements.

8.7 R100/98 Case A1190800 - Department of Justice:

Facts: Unlawful renovations by magistrates at 40 offices to the value of R39 million.

Other agencies: Department of Justice, Department of Public Works, SAPS and IDSEO.

Present status: Fully investigated by SIU, some hearings have also taken place with both magistrates and contractors, an enormous amount of work has been done. Adv Buchler of IDSEO will finalise his investigation within 2/3 months. Several prosecutions to be instituted, various amounts can be recovered.

Recommendation: This matter requires urgent and proper consideration! The SIU, IDSEO, State attorney and the responsible persons of the Department of Justice and Public Works should consult as to the most cost effective manner to proceed. SIU indicated they are ready to proceed against all relevant parties involved. HOWEVER: Department of Justice wants State Attorneys to proceed given present problems with points in limine in the Tribunal. Possible problems of prescription and State Attorneys both litigating against and defending the same parties (state officials). No disciplinary steps have, as yet, apparently been taken against Justice officials (Department of Public Works, however, have done so).

Note: Steps should be taken against clerks and magistrates of Justice, suppliers and officials of Department of Public Works. Criminal cases pending, Magistrate Roodt only has been convicted this far.

8.8 R61/99 Case 24/08/99 - Department of Transport, Northern Province:

Facts: 3000 missing/stolen cars: This problem is an old one, already identified by many investigations such as the De Meyer Commission in +/-_95, the Auditor General in 98, Gobodo`s report of 2000, etc. and the Department still does not even have the most basic requirement to start addressing the problem, namely an asset register, in place!

Other agencies: Many SAPS investigations. Departmental steps to be taken against relevant Departmental officials for deliberately refusing to/failing to perform their duties.

Present status: Investigation not finalised.

Recommendation: The SIU to close except for rendering assistance in compiling an asset register. It appears to have been out-sourced to temporary workers and the relevant Department should now take full responsibility to have this work so finalised. Lack of action appears to be also as a result of intimidation. Vehicles are apparently stolen on their way from the factory and registered in private persons` names.

8.9 R61/99 Case 24/08/99 - Department of Transport, Northern Province:

Facts: Bus subsidies.

Other agencies: A sting operation by the Department/SAPS with reference to what might be the present position appears advisable.

Present status: No investigation done.

Recommendation: To be closed Nothing been done as yet by SIU and it appears that this is not for the SIU at all- vague allegations, which will be impossible to investigate.

8.10 R114/98 Case 1/06/99 - University of the North:

Facts: R20 million invested in Edupark with no security.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed. University to register a mortgage bond and to control the affairs of Edupark.

Team Campbell

9.1 R52/99 - North West Province TLC’s:

Facts: Allegations made in Motimela Commission report of 96, period to be investigated 94-99. SIU de-prioritised due to more important matters.

Other agencies: SAPS Brits CR 236/1/98; Brits 185/5/99- to be followed up. Theft allegations to be referred to SAPS in Rustenburg matters. Serious allegations of theft of motor vehicles MMabatho to be dealt with by SAPS/NDPP- nothing has happened as yet, cases have been withdrawn - to be followed up!

Present status: Investigation not finalised in some matters.

Recommendations: Mabopane: Garage sold illegally, now in hands of Total. Settlement negotiations in progress.

V . Vryburg: To be closed, preliminary investigations have not revealed anything and some matters have already prescribed due to late referral.

Wolmaranstad - Loan to Golf Club: To be closed, Auditor-General satisfied with explanation.

Rustenburg Case 12/03/98: To be closed, SIU has not as yet investigated.

Boitumelang: To be closed- R6 000 recovered i r o travel allowance; nothing SIU can do about irregular appointment of 2 officials for a period in 1 post.

Mmabatho: To be closed. To be referred to Premier for special attention of MEC for Department of Local Government to collect rates and taxes for past 7 years - Millions outstanding (SIU willing to assist). SIU did investigate many of the allegations.

Brits Case 10/7/98 - Illegal commission on sale of 6 SANLAM policies, R1.7 mill to be recovered, also kickbacks: SIU to continue, and Proclamation to be extended. SIU only awaiting quantum determination.

NOTE: Extension of proclamation requested Nov 2000, Justice File 184/2000, since investigations into commission referred to above revealed that part thereof paid into privatewhites only Brits Buiteklub and to the then white workers Union - this should be asset of TLC as a whole. Given fact that SIU to continue and the additional matter already investigated, the Proclamation should be extended.

Delareyville Case 4/7/98/05: to be closed, not yet investigated, vague allegations do not appear to be very serious

Stilfontein Case 4/07/98/18: to be closed - events occurred prior to 94, thus outside the proclaimed period, the allegations are not of a serious nature (eg unnecessary legal costs incurred when town clerk was dismissed).

Ottosdal Case 4/7/98/14: to be closed: Auditor General dismissed all unsubstantiated allegations made in Motimela report.

Potchefstroom Case 4/7/98/16: to be closed: loss covered by interest on investment.

Letsopa Case 4/07/98/100: to be closed - insufficient grounds to institute a claim and also old matter, falling outside date of proclamation.

Ventersdorp: to be closed: payment of legal costs in 92-93, thus outside date of proc. and no possibility of successful claim, even if sufficient grounds had existed- Auditor General found in order.

Pampierstad: to be closed- some matters prescribed, in some insufficient evidence

Bloemhof: to be closed- overpayment of allowances deducted by Bloemhof TLC

9.2 R70/98 Case 14/02/98 - Klipplaat TLC, Eastern Cape:

Facts: Councillors allowances

Other agencies: None

Present status: Investigation finalised

Recommendation: SIU to continue, AoD`s in respect of allowances signed and being paid, summonses already issued where no AoD signed.

9.3 R74/98 - Department of Health and Welfare, Eastern Cape Feeding scheme:

Facts: TAP Trust- delivery of only half the agreed quantities. R2.7 million to be recovered.

Other agencies: SAPS Umtata CR 813/9/95 PE Crime Unit- withdrawn.

Present status: Investigation finalised.

Recommendation: SIU to continue, already in litigation stage.

9.4 R74/98 Case 19/2/98 - Department of Health and Welfare, Eastern Cape:

Facts: 22 feeding schemes maladministered by NGO`s and officials.

Other agencies: DPP Grahamstown, SAPS and State Attorney.

Present status: 3-4 months to finalise investigations and institute action in some instances, others fully investigated.

Recommendation: SIU to continue and to file a report by 30 June 2001 on feasability to continue. (R2 million recovered on Daily Bread, 3 already closed, 1 AoD for R2000. State Attorney also investigated at some stage but closed, inter alia because they were unable to trace defendants. These were, however, traced by SIU.)

9.5 R61/98 - Department of Land Affairs, National:

Facts: Illegal occupation of state land( Wild Coast Cottages)

Other agencies: State Attorney and SAPS Port St John`s CAS 204/9/95

Present status: Investigation finalised

Recommendation: To be closed: State Attorney is dealing with matter and SIU only involved in advisory capacity.

9.6 R70/98 Case 4/02/98 - Bedford TLC:

Facts: 22 councillors`allowances unlawfully increased to the value of R212 000.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to proceed - judgement obtained, exception filed regarding locus standi and court date to be obtained.

9.7 R59/98 Case 34/06/98 - Department of Arts Culture:

Facts: PACT and PACOVS.

Other agencies: Fraud dealt with in Criminal Case - Pta Central CAS 1407/2/2000.

Present status: Investigation finalised.

Recommendation: To be closed. Nothing to be recovered, Scott under liquidation. Final report to be filed by 30 June 2001.

9.8 R66/98 Case 16/06/98 - Transkei Agricultural Corporation TRACOR:

Facts: Ex-employees owing the corporation money and illegal tractor sales (R360 000).

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed, judgement awaited with regard to the appeal. AoD`s signed - collection ongoing.

9.9 R99/98 - Department of Education, North West:

Facts: Booksellers, tender procedures and overpayments, supply of Wall Charts at inflated price- R3.6 million to be recovered. Case 10/7/98, KKK (R400 000); Progress (R120 000); Rustenburg (R85 000).

Other agencies: SAPS Klerksdorp CR 332/7/98. Fraud trial 12-16 March 2001.

Present status: Investigation finalised.

Recommendation: SIU to continue, already at litigation stage.

9.10 R61/99; R38/2000 Case 17/7/99 - Northern Province Departments of Education, Agriculture, Health and Welfare, Local Government, Transport, Public Works, Trade and Industry:

Facts: Ghost workers - 1218 cases to be investigated after head count, 685 from Department of Education and rest from other Government Institutions. A huge investigation and storeroom full of documentation.

Other agencies: None.

Present status: Investigation not yet finalised.

Recommendation: SIU to continue and to file a report by 30 June 2001 on the feasibility of continuing and the possibility of recovery of substantial losses, as well as the possibility of handing the matter over to the responsible Departments. Recoveries will be possible and a this is a matter that cannot be left in air given fact that Gov Institutions are not doing anything, even after 2 audits, with same ghost workers reappearing on systems. No assistance appears to be forthcoming from Department of Education!

9.11 R60/98 Case 902/98 - Department of Education, Eastern Cape:

Facts: Lukhanji Bookshop false invoices, nothing delivered, R1 million paid out.

Other agencies: SAPS Umtata CR 386/6/98 W/A issued.

Present status: Investigation finalised.

Recommendation: SIU to continue, judgement has been obtained and awaiting writ of execution . Will be closed soon.

9.12 R47/99 Case 19/04/99 - Independent Broadcasting Authority:

Facts: Fraudulent use of credit cards by officials.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed, last instalments received. Final report to be submitted by 30 June 2001.

9.13 R62/99 Case 31/02/99 - Medunsa:

Facts: Selling of seats at Medunsa.

Other agencies: SAPS to investigate corruption. It is alleged that a certain Kahn paid Dr Nnanabai to obtain a seat.

Present status: Not for unit. No investigation conducted.

Recommendation: To be closed.

9.14 R93/98 Case 10/11/98 - Department of Health & Welfare, North West:

Facts: Feeding scheme R200 000 in overpayments to PSNB PVM Products.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to continue. Pending in tribunal, awaiting documents.

9.15 R72/97 Case 16/02/98 - ECDC Loans, Eastern Cape:

Facts: Loans by ECDC for Hotels R418 million. Nothing done to collect outstanding debt.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed, debt collecting re R9 million recovered by way of AoD`s. However debt collecting ongoing. ECDC prepared to administer collections. A problem is foreseen to contact relevant individuals to explain the situation where payments need to be made to some other agency.

9.16 R108/98 Case 35/06/98 - Medunsa:

Facts: Medical Bursaries - Debt of R6.7 million. Department failed to collect debt on outstanding bursaries. Handed over to State Attorney, Mr Steenbok who also failed to act.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to continue, R2 million recovered already by way of AoD`s, 218 doctors traced, litigation to be instituted against them..

An extended proclamation was requested in so far as this further proclamation will deal with bursaries emanating from the office of the Premier North West. This request was turned down for some unknown reason. *It is strongly recommended that such extension be granted, in view of the above facts.

9.17 R69/98 Case 5/02/98 - ECDC Bomela, Eastern Cape:

Facts: Misappropriation of funds.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: To be closed.(unfounded allegations).

9.18 R33/98 Case 13/2/98 - Magwa Tea Corp, Eastern Cape:

Facts: Officials owing money to the corporation. R10 million owed by 64 individuals.

Other agencies: None.

Present status: Investigation finalised.

Recommendation: SIU to continue, 3 test cases on appeal after judgement in favour of SIU on points in limine.

ANNEXURE B

MATTERS WHERE PROCLAMATIONS HAVE BEEN REQUESTED BUT NOT YET DECIDED

[according to the files of the Department of Justice]

Matter	Position	Recommendation	Date Received
20. Provincial Government Institutions: Gauteng Dept. of Economic Affairs & Finance WC Dept. of Transport & Public Works	Await consent from Premiers of: Gauteng Western Cape	Refer to Premiers	1.10.97
48. Drawing of promissory notes on behalf of State institutions: KwaZulu/Natal - File 36 1. Unauthorized Promissory Notes & Gaurantees.	14.9.98 Awaiting Premiers Consent:	The Reserve Bank to continue with the investigation, and should it become necessary, the matter can be referred to the Commercial Crime Unit or IDSEO for further investigation	14.9.98
52. Mpumalanga: Dept. of Finance and Support Services - File 40 1. Payment of allowance to an employee contrary to the decision of the Kangwane Public Service Commission.	9.10.2000: Letter to Office of Premier	To be referred to the Premier of Mpumalanga as this is not a matter which requires the attention of the SIU	1.9.98
57. Department of Water Affairs and Forestry - File 45 1. Selling of timber to Woodlam Industries	9.3.2000: SIU indicated that they will furnish a note to us recommending that the matter must be dropped	To be closed as it appears that the State suffered no loss and the complaints appear unfounded.	28.9.98
68. Western Cape: Dept. of Health Orthopaedic and Prosthetic Centre - File 56	Premier is already investigating.	Refer to Premier	26.10.98
72. KwaZulu-Natal: Dept. of Transport - File 60 (Follows from investigation under Proc R. 21 of 25.2.98) 1. Fraudulent authorization and payments made to various business institutions for the repairs and/or services and towage and/or storage of State vehicle.	5.1.2001: Application for Proclamation refer back.	Refer to Premier	2.12.98
73.A South African Reserve Bank: Lifeboat Scheme -File 61 A 1. Loan to Bankcorp of R1 125 Billion Rand	16.3.2000: Fax copy of the Registrar of Bank's letter to Unit	Close File	18.1.99
81. Free State: Dept. of Local Govt. & Housing & TLC's - File 69 Jagersfontein Transitional Local Council: 1. Medical aid, pension and income tax deducted from salaries not paid over to the entities. 2. Tender procedure not followed 3. Failure to recover outstanding debts. 4. Irregular payments for fuel. 5. No payment for private use of cellphones. 6. Irregularities regarding cash advances and subsistence claims. Koppies Transitional Local Council: 1. Irregular expenditure 2. Failure to pay for services. 3. Failure to recover the outstanding debts. Springfontein Transitional Local Council: 1. Irregular payment of allowances advances to the Town Clerk. 2. Irregularities regarding travel and accommodation allowances. 3. Allowances paid without approval. 4. Unlawful payment of leave to the Town Clerk. 5. Unauthorised expenditure. 6. False overtime claims by employee. 7. Maladministration of financial records. 8. Pension, medical aid and Income tax were deducted from employees’ salaries but not paid over to the relevant authorities. 9. Value Added Tax were not paid . 10. Unapproved loan granted to Town Clerk’s wife. Thaba Nchu Transitional Local Council: 1. Interest not levied on the Town Clerk’s vehicle loan. 2. Tender procedures not complied with. 3. Failure to recover debts. Trompsburg Transitional Local Counci): 1. Tender procedures not complied with. 2. Increased salary scales without proper procedures followed. Welkom Transitional Local Council: 1. Overpayment of allowances to Councillors. 2. Traffic fines cancelled upon payment to officials. 3. Hostel fees are being undercharged. 4. Failure to collect outstanding debts. Mautsendal Transitional Local Council: 1. Abuse of intergovernmental grants. 2. Failure to recover debts 3. Unauthorised and/or irregular granting of allowances loans and/or advances to Councillors. Odendaalsrus Transitional Local Council: 1. Failure to recover debts. 2. Surrendering an insurances policy at a loss. 3. Lack of financial control measures. Reitz-Petsana Transitional Local Council: 1. Failure to ensure payment for services. 2. Unauthorised obtaining of external loans by the Council. 3. Theft of crop by a former employee. 4. Failure to recover an outstanding car loan. Thaba Nchu Transitional Local Council: 1. Failure to levy interest on loans granted to the Town Clerk. 2. Failure of Town Clerk to repay loan. 3. Failure to comply with prescribed tender procedures. 4. Failure to recover debts. 5. Failure to collect electricity and sewerage connection fees. Tweeling Transitional Local Council: 1. Irregular conclusion of a settlement agreement with former Town Clerk. 2. Unauthorised expenditure by the former Town Clerk. 3. Failure of former Town Clerk to repay loan. Vrede Transitional Local Council: 1. Unauthorised and/or irregular alienation of farming activities. Trompsburg Transitional Local Council: 1. Failure to comply with tender procedures. 2. Failure of the Councillor to declare his interests in Builders Forum. 3. Unauthorised and/or irregular increase of salaries.	21.9.2000: Received Premier's consent	Old matter dating to 1995. Refer to Premier. Small amounts to be recovered by other agencies if still possible	12.2.99
83. KwaZulu-Natal: Dept. of Welfare/Pensions/Population Development - File 71	5.1.2001: Application for Proclamation refer back - Constitutional Courts decision	No proclamation to be issued. Social Assistance portion: Over 100 criminal cases of fraud and theft have successfully been proved. SAPS to follow up. Old matters: SAPS to determine the status of the dockets. If the irregular awarding of the tender for social security payments is not yet the subject of criminal investigation, it should be forwarded to IDSEO, Durban for further investigation	4.2.99
85. Northern Cape: Regional Housing Board - File 73 1. Fraud and/or corruption surrounding the construction of low cost housing: Delportshoop and Windsorten.	9.2.2000: Unit send reminder to Premier	Refer to Premier	4.2.99
86. Free State: Dept. of Education - File 74 1. Irregularities regarding books/stationary tender and computerization of examinations tender.	9.2.2000: Unit send reminder to Premier	Refer to Premier [State Attorney is defending the matter]	12.2.99
88. Free State: Dept. of Economic Affairs & Tourism - File 76 - see also file 128	11.7.2000: Request comment from DG Free State Provincial Government	Refer to Premier. Events date back to August 1994 - recovery may no longer be possible.	12.2.99
90. KwaZulu-Natal: Dept. of Transport - Licencing Bureau - File 78 1. Fraudulent reduction of tare weight of motor vehicles. 2. Irregular and/or unauthorised payments of maintenance grants by or to employees of the National Department of Justice and/or Department of Welfare and Pensions, KwaZulu Natal, and the Department of Welfare and Population Development, KwaZulu Natal.	5.1.2001: Application for Proclamation refer back - Constitutional Courts decision	Refer to Premier. Criminal matters to be referred to IDSEO, Durban	23.2.99
93. North West: Mmabana Cultural Foundation - File 81 1. Unauthorised and/or fraudulent expenditure by officials regarding 1.1 Southern Investment Management Company Limited 1.2 Transaction with North West Builders Merchants ("NWBM") 1.3 Consulting fees 1.4 Mogapi Financial and Funeral Services (Pty) Ltd ("MFFS") 1.5 Moiloa Chicken Supplier ("Moiloa") 1.6 Mafikeng Grocery Supply ("MGS") 1.7 Golden Products 1.8 BTN Supplies ("BTN") 1.9 Supa Meal Feed Scheme ("Supa Meal") and Supa Kleen 1.10 Supa Kleen 1.11 Esjay Enterprises 1.12 Fun Fax Stationary 1.13 Today’s Stationers ("Todays") 1.14 A J Electrical Wholesalers 1.15 Speedy Plumbing 1.16 BGM Petersen/Teal Building Enterprises 1.17 JM Lebakeng ("Lebakeng") 1.18 Anthiest Foilsure ("Anthiest") 1.19 Treasure Chem ("Treasure") 1.20 Astra Med Chemical Supplier ("Astra") 1.21 Treasure Interiors 1.22 Assem (Pty) Ltd/ Assem Freq 1.23 Transactions with Hi Tech Motors 1.24 Transactions with Phillip’s Motors 1.25 Transactions with Terry’s Auto Repairs 1.26 Transactions with MTS Engineering 1.27 Leon’s Auto Clinic 1.28 North West Auto Repairs 1.29 Bert’s Auto Renovators	14.12.2000: Minute and Proclamation returned by President's Office: Constitutional Courts decision	Refer to Premier. Alleged fraud and corruption by Mogapi to be referred to the Commercial Crime Unit, Klerksdorp.	2.3.99
106. North West: Former Bophuthatswana Departments - File 94 1. Unauthorised use of state funds for private properties and purposes (Criminal charges)	15.5.2000: Received copy of the Skweyiya report requested from Unit	The accused Mangope was convicted. To be closed	21.4.99
107. North West: Bophuthatswana Broadcasting Corporation File 95 1. Inflated retrenchment packages and accrued leave benefits. 2. Excessive benefits from Home loan scheme 3. Outstanding loans not settled by employees	15.5.2000: Further information received from Unit	Refer to Premier	4.5.99
109. North West Province: Dept. of Health & Developmental Social Welfare - File 97 1. Failure to comply with tender and purchasing procedure 2. Unauthorised expenditure 3. Pharmacist selling pharmcentical products for private account. 4. Use of State vehicles and petrol cards for private purposes. 5. Unauthorised payments for bogus projects. 6. False overtime claims 7. Payment of duplicate salaries and housing allowances, and salaries to ghost employees. 8. False expenses claimed by Senior official.	7.8.2000: Letter from Minister to Premier to request further information	Refer to Premier	7.5.99
112. Special Pensions Board - File 100 1. Fraudulent granting of pensions.	4.10.2000: Request Judge Heath to submit further information	Insufficient evidence to grant a proclamation	17.5.99
113. Western Cape: Khayelitsha-Macassar, Zwelethemba, Melrose, Beverley Hills Housing Projects - File 101 Grabouw TLC: 1. Irregular expenditure 2. Failure to follow tender procedure. 3. Fraudulent claims. 1. Irregular and/or fraudulent payment of subsidies. 2. Unauthorised and/or irregular payments for administration fees and wages. 3. Abuse of the subsidy scheme. 4. Irregularities in respect to the transfer and registration of properties.	SEE FILE 151	Refer to Premier	21.5.99 18.6.99 & 29.6.99
114. KwaZulu-Natal: Dept. of Education, Arts & Culture - File 102 1. Misappropriation and maladministration of funds. 2. Fraudulent grants.	9.3.2000: Request Unit to furnish further information	Refer to Premier	26.5.99
116. KwaZulu-Natal: Dept. of Local Govt. & Housing - File 104 1. Excessive and irregular expenditure. 2. Maladministration and fraud was committed by certain employees.	5.1.2001: Application for Proclamation refer back - Constitutional Courts decision	Refer to Commercial Crime Unit	4.6.99
117. National/Mpumalanga/Northern Province: Dept. of Water Affairs & Forestry - corruption and mismanagement - State Afforested areas - File 105 1. Fraudulent sale and/or occupation of state land. 2. Failure to collect outstanding debts.		The matter to be referred to the State legal advisors to determine whether the dispute has been resolved, and if not to provide an opinion	8.6.99
131. Gauteng: Govt. owned motor vehicles - File 119 1. Vehicles used by officials without the necessary approval for those trips and vehicles. 2. Vehicles utilized for private use. 3. Failure to comply with instructions concerning accidents/damages to vehicles. 4. Petrol theft from vehicles. 5. False entries made in log books.	13.3.2000: Further information received from the Unit	Close. The allegations appear to be general and unsubstantiated against various Departments. If there is specific allegations concerning an individual/Department, this should be referred to the relevant Department Head.	8.7.99
136. North West: Sun International North West and Transun - File 124 1. Payment of bribes by officials 2. Fraudulent gaming licenses by Sun International 3. Irregular awarding of casino licenses.	9.3.2000: Request Unit to furnish further information regarding Sun International North West	To be closed. Allegations appear to be general and unsubstantiated.	14.7.99
140. Free State: Dept of Economic Affairs and Tourism - File 128 1. Unauthorised and/or irregular transfer of payments to the Free State Tourism Co. (FTC) and the Free State Investment Promotion agency (FIPA) 2. Unauthorised and/or irregular subsistence and travelling expenditure. 3. Failure to recover advances paid to certain officials 4. Unauthorised and/or irregular payment of advances to a newly appointed director for temporary accommodation. 5. Unauthorised and/or irregular payment to various suppliers before receipt of goods and/or rendering of services. 6. Unauthorised and/or irregular granting of personal loans 7. Unauthorised donations and sponsorships 8. Unauthorised payments to various Tourism Associations. 9. Unauthorised and/or irregular payment to a director for study assistance. 10. Unauthorised and/or irregular conclusion of a contract with the Free State Rugby Union for the rental of a suite 11. Unauthorised and/or irregular purchase of furniture. 12. Unauthorised and/or irregular conclusion of an agreement by a deputy director for the rental of office accommodation. 13. Unauthorised and/or irregular utilization of a government garage vehicle by a director 14. Unauthorised and/or irregular expenditure in respect of consultants. 15. Unauthorised and/or irregular appointment of personnel. 16. Irregular awarding of tenders by the Provincial Tender Board. 17. Unauthorised expenditure in respect of a marketing campaign. 18. Irregular granting of loans.	9.6.2000: Further information received from Unit	Duplicate[ see file 76]	14.7.99
144. South African Air Force Technical Publication Depot: Headquarters Northern District Military Police Purchase of Technical publications for C130 Aeroplane - File 132 1. Unlawful appropriation or expenditure of public money or property. 2. Intentional or negligent loss of public money or damage to public property.	13.3.2000: Further information received from the Unit	To be referred to SANDF for investigation	21.9.99
146. North West: Dept. of Transport and Civil Aviation - Approval of award of tender to NWPC - File 134 1. Irregular expenditure 2. Fraudulent award of tender		To be referred to the Premier and the SAPS	5.10.99
150. National: Dept. of Transport - Abuse of subsidy ticket system - File 137		Already being investigated by IDSEO who have instructed auditors KPMG.	1.9.99
153. Northern Province: Dept. of Education - Improper payments made by the Department - File 140 1. Irregular and/or unauthorised expenditure 2. Suppliers not registered for VAT claiming VAT		To be referred to the Premier for investigation and to the State Attorney for recovery. To be referred to SARS as well. The progress of the SAPS investigation to be monitored.	2.11.99
155. North West: Department of Public Works - File 142 1. Interest of officials in investment with Sanlam 2. Inflated payment of rentals by state 3. Misrepresentations during tender process and irregular or unauthorised awarding of contracts. 4. Irregular payment of claims 5. Irregular expenditure 6. Irregular and/or unauthorised promotions.		To be referred to the Premier and SAPS	4.11.99
157. Gauteng: South African Tourism Board - File 144 1. Irregular claims for subsistence and travel allowances 2. Irregular and/or unauthorised expenditure 3. Irregular telephone tappings 4. Irregular conclusion of contracts and awards of tenders. 5. Abuse of fleet vehicles.	9.11.2000: Received further information from Unit	To be referred to the Premier	10.11.99
159. Departments of Water Affairs and Forestry/Land and Agriculture - File 146 1. Irregular and/or unauthorised occupation of land and theft of property.		Duplicate of File 105	30.11.99
161. Gauteng : City Council: Bronkhorstspruit - File 148	22.11.2000: Letter to Premier	To be referred to Premier	18.11.99
163. Gauteng: ALTECH Defence Systems - File 150	28.02.2001: Meeting between the CEO of Armscor, HW and QB to discuss the outcome of the investigation and the obtaining of a copy of the report.	To be referred to National Minister of Defence - recovery through the State Attorney	1.12.99
164. National: Dept. of Housing - Low cost housing - File 151	8.6.2000: Submit final draft proclamation to Dept of Housing for consultation with the 9 Premiers	To be referred to Premiers	17.11.99
165. Mpumalanga: Depts. of Finance/Public Works, Roads and Transport - Investment Portfolio - R120 million - File 152 1. Unauthorised and/or irregular conclusion of agreements of investments 2. Irregular payment of a structuring fee to the agents 3. Irregular termination of a long-term investment contract	7.6.2000: Unit indicates that it requested the Premier's consent	To be referred to Premier
166. Ms Allison Goldberg: Several allegations - File 153	24.2.2000: Await request for a proclamation from the Unit	To be closed	3.2.2000
167. Mpumalanga: (Provincial Legislature - Jones Construction - File 154		Refer to Premier	21.2.2000 7.3.2000
170. Western Cape: Department of Local Government & Housing: Oostenberg TLC (formerly Kraaifontein) - File 157	26.2.2001: Request information from Unit	Refer to Premier	17.3.2000
178. Eastern Cape: East Cape Development Corporation - amendment to Proclamation No. R 61 of 1998) - File 165 1. East Cape Development Corporation: Failure to recover outstanding debts. 2. Failure to recover loans and leases. 3. Irregular use of auto cards 4. Unapproved and/or unauthorised purchase of vehicles 5. Irregular sale and transfer of property of funds. 6. Unauthorised higher salaries and ex gratia payments 7. Unauthorised overtime claims 8. Irregular expenditure National Government: 1. Unauthorised and/or approved encroachment upon State land within the coastal reserve 2. Invalid and/or irregular sale of Immovable State or public property 3. Unauthorised and/or irregular occupation of State farms and state property 4. Irregular donation to Mr. George MatanzimaProvincial Government: 1. Invalid and/or irregular sale and/or lease of property. 2. Irregular conclusion of the contract	16.11.2000: Letter to Judge Heath	To be referred to Eastern Cape Development Agency to recover loans/rentals etc.	2.5.2000
182. KwaZulu-Natal: Department of Land Affairs: Land resettlement in the Muden/Greytown Area - File 169 1. Abuse of land settlement schemes. 2. The over-claiming and/or theft of State subsidies.		Refer to Premier	15.6.2000
187. Northern Province; Northern Province: Casino and Gaming Board - File 174 1. Improper appointment of members of the Northern Province Casino and Gaming Board 2. Irregular payments to members of the Board 3. Irregular conclusion of agreements 4. Irregular payment of monies relating to applicants for casino licences. 5. Irregular expenditure 6. Irregular actions in dismissing staff members	22.11.2000: Letter to Premier	To be referred to the Premier for possible recoveries. To be reffered to the Dpp Pta for criminal steps [see the judgement of Coetzee J].	24.8.2000
188. Gauteng: Urgent Amendment: Proclamation No. 53/99 - File 175 1. Theft and/or loss of and/or failure to exercise proper control over cheques and/or the fraudulent drawing of such cheques.	22.11.2000: Letter from Premier	To be referred to MEC for State Attorney to institute action.	21.8.2000
189. Gauteng: Department of Transport and Public Works :Government Garages - File 176 1. Irregular conclusion of tender in the repair of vehicle GSP 539 G 2. Criminal threats of physical violence and the unlawful issuing of death threats by members of staff 3. Failure to comply with tender procedure. 4. Irregularities in the auction procedures 5. The irregular conduct of the National Petrol Card Contract No. (RT613 SP) 6. Fraud, theft and non-delivery of services, over- invoicing, improper payments and substitution of parts 7. The unlawful exchanging of parts from vehicles		Refer to Premier. Allegations of intimidation to be investigated by the SAPS	31.8.2000
195. Western Cape: Paarl TLC: Low cost Housing Scheme - File 182		To be referred to Premier	7.11.2000
196. Citrus Board/SACCE-OUTSPAN File 183 1. Transfer of the assets of the various companies involved in the restructuring of the Citrus Fruit Industry contrary to the authorisation of the Minister. 2. Irregular transfer of the leasehold improvements 3. Irregular transfer of assets of the Citrus Fruit Board to SACCE. 4. Irregular issue and allocation of shareholding of Outspan International Limited or Outspan International Marketing Limited. 5. Unapproved payment for improvement of facilities 6. Irregular expenditure of Citrus Fruit Board funds 7. Irregular payment in respect of secretarial and agency fees 8. Undisclosed profits made by Outspan International Limited	18.12.2000: Received further information from Unit	Refer to Minister of Agriculture	20.11.2000
197. North West: Brits TLC: Brits Buite Club - File 184 1. Irregular purchasing of policies by the Local Authority 2. Irregular collection of commissions on policies and the disbursement thereof to the South African Association of Municipal Employees. 3. Irregular transfer of funds to the "Brits Buite Club" 4. Irregular holding of assets by the "Brits Buite Club"	[This is an application for extension of an existing proclamation]	To be Proclaimed	1.12.2000
198. Free State: Performing Arts Council of Free State - File 185		To be Referred to Premier	8.12.2000
199. Northern Province: Department of Transport: Subsidised Motor Finance and other Matters - File 186 1. Abuse of medical aid contributions by Mr. Machabaphala 2. Abuse of motor finance scheme by Mr. Machabaphala		Refer to Premier and SAPS	9.1.2001
North West: Bursaries emanating from Premier [No information with Justice or SIU on this request.]		Extended proclamation to be issued

January to December 1999
Dimension	Operational Average	Support Average
Technical Knowledge	71%	70%
Quantity of Performance	70%	67%
Quality of Performance	72%	66%
Development of Technical material	58%	58%
Interpersonal relations	73%	74%
Dedication	72%	69%
Problem solving	64%	60%
Self development	60%	50%

January to December 2000
Dimension	Operational Average	Support Average
Technical Knowledge	74%	72%
Quantity of Performance	71%	73%
Quality of Performance	74%	74%
Development of Technical material	60%	51%
Interpersonal relations	73%	71%
Dedication	74%	72%
Problem solving	70%	62%
Self development	50%	50%