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Entities that are connected with government employees and doing business with government departments

Presentation to the Portfolio Committee on Education

25 August 2009

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Points of discussion

1. Background

2. Findings

3. Responses from department

4. Conclusions and recommendations

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1. Background

• Report to Parliament January 2006:

- approval for government employees to perform other remunerative work

- disclosure of financial interests by ministers, deputy ministers and senior managers

• Audit focus:

- National departments

- Provincial Departments of Health and Education

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1. Background continue…

• Management comments:

- Department of Public Service and Administration

- Public Service Commission

- National Treasury: Accountant-General

• Briefed Minister of DPSA

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2. Findings

• 1473 employees from departments of Education did business with government departments

• 64% of all government officials were from the departments of Education (1473 of the 2 319)

• 1.56% of the employees had approval (23 of the 1 473)

• R321,7 million business with government departments during 2005-2007 financial years

Approval to perform other remunerative work

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Summary of employees at Departments of Education doing business with government

ProvinceNumber of employees

Number of companies

Amount paidR

Number of employees with approval already

verified by the departments

Eastern Cape165 165 11 145 956 0

Free State63 61 4 469 831 0

Gauteng107 108 19 451 949 0

Limpopo638 937 164 546 435 0

Mpumalanga378 384 71 931 006 23

National2 2 30 325 063 0

Northern Cape13 13 1 877 461 0

North West83 83 6 236 950 0

Western Cape24 24 11 776 907 0

Total 1 473 1 777 321 761 558 23

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Declaration of registrable interests

• At the National Department of Education one designated employee

• No declaration of interest on financial disclosure form

• Value: R30 million

* AGSA audit at Provincial level:

No focus on declaration of registrable interests. Only verified if employees had approval to perform other remunerative work.

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Specific findings at the National Department of Education

Designated official

• No approval to conduct other remunerative work

• Did not disclose shares in a subsidiary or directorship of the holding company

• The subsidiary received a tender to the value of R30 303 249 from the department to supply foundation phase fiction books

• Company did not declare on the SBD 4 form (declaration of interest) that there is a person connected with the bidder that was employed by the department

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Specific findings at the National Department of Education

Non-Designated official

• No approval to conduct other remunerative work

• One transaction with National Department of Education to the value of R17 900 and transactions with Department of Home Affairs to the value of R616 964 during 2005-06

• Person resigned from the CC on 4 April 2006, but after the transactions took place

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Other findings

• Extensive business with government

• Collusive tendering by employees

• Conflict of interest

• Declaration of interest on standard bidding documentation

• Deviation from SCM process in the awarding of tenders and quotations

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3. Responses from departments

• Inconsistencies in actions taken existed at departments - some charged with misconduct and discharged the

employees while other departments issued final warnings

• Disciplinary steps could not be taken - employees not aware that they should have obtained approval

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4. Conclusions and recommendations

• Many resignations as directors/members of companies/cc’s during 2005/06 and 2006/07 financial years

- Possibly as result of the AG Audit Report covering the 2004/05 financial year

• Briefings and hearings were held

• Exception reports supplied to SARS

• Prosecuting actions are considered by the SIU

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4. Conclusions and recommendations

• PSC, DBPSA and NT - Legislation to be reviewed for shortcomings

• Misconduct according to Public Service Regulations

- KZN case should be followed up

• Act on condoned actions

• Approval by Executive Authority and not delegated

• Re-application – approval on merit