On Wednesday, 23 February 2022 theNorth West Legislature’s both Standing Committees on Oversight of the North West Provincial Legislature and Provincial Public Accounts (SCOPA) resolved to give the Office of the Premier seven working days to provide a report on all cases reported for financial misconduct in all departments, during the past three financial years after it found that the Public Service Commission was investigating only six cases of Financial Misconduct for the past three financial years.

This was during a joint meeting that committees held with the Public Service Commission on progress registered of all cases reported for financial misconduct in all departments. Out of 10 departments including the Office of the Premier only three departments submitted their cases to PSC, it is the Department of Agriculture and Rural Development; the Department of Education and the Office of the Premier.

 Amongst some of the concerns raised by the committee was that the PSC only reported on four departments, with each department having one case or two cases reported in the past three financial years.

The financial misconduct cases reported in 2018/19 amounted  to R13 100; 2019/20 it amounted to R45 492.00 and in 2020/21 it amounted to  R76 629 940.07. Employees charged with cases, were found guilty but without any consequence management. In the three  financial years since 2015 to 2018, the highest percentage of recovery or no loss to the State was in the 2017/18 financial year at 99%. An amount of R2m was not recovered in the 2017/18 financial year.

The Provincial Commissioner, Dr. Moeletsi Leballo stated that the amounts continue to be under reported to the PSC and no further action, investigations, disciplinary and recovery of the money lost has been taken against implicated officials.

 “It is a concern to us that many cases have not been reported and half the time issues of credibility to the information is also of concern,” said Dr Leballo.

Section (85) (1)(a) and (e) of the Public Finance Management Act, 1999  (PFMA), requires of an Accounting Officer of a department to report cases of financial misconduct, in a manner prescribed by section 4.3.1 of the Treasury Regulations 2002, to the Executive Authority, the Department of Public Service and Administration and the PSC. The following detail regarding the outcome of disciplinary proceedings in cases of financial misconduct must be reported:

• The name and rank of the official against whom the proceedings were instituted;
• The charges, indicating the financial misconduct the official is alleged to have committed;
• The findings;
• Any sanction imposed on the official; and
• Any further action to be taken against the official, including criminal charges of civil proceedings.

SCOPA Chairperson, Hon Dliso resolved to request reports of financial misconduct to all the Departments dating back from 3 financial years. “The report must include disciplinary cases, cases referred to law enforcement agencies and list of officials who do work within departments and those who fail to disclose.”

Hon Dliso further requested the PSC to provide  a detailed report on departments who fail to implement their remedial actions and reasons they advance for the failure to adhere to them. “We also want to know what happened about the alleged irregular appointment of Director for Supply Chain Management for Department of Health and the prolonged suspensions of officials without being charged. This costs the departments a lot of money, people cannot be paid when they are not working, we want to see action taken against those who committed financial misconduct,” said Hon. Dliso.

Members of both committees recommended that Office of Premier should be the one department that has to spearhead the report as head of the Executive on more findings of financial misconduct at all departments. The report is expected within seven working days along with all the forensic investigations done in the province.

“It cannot be possible that only four departments were charged with misconduct when we have had cases of maladministration and corruption that have been debated at the House and in the media sphere. More cases have to be reported so that there should be accountability,” said Hon Theologo.