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Date
: 24/08/2004
Source: SA Parliament
Title: B Mbete: Misuse of travel vouchers
STATEMENT BY HON. MS BALEKA MBETE, MP, SPEAKER OF THE NATIONAL
ASSEMBLY, ON THE DEBATE ON MISUSE OF TRAVEL VOUCHERS, 24 August
2004
Madam Deputy Speaker
Honourable members
BACKGROUND
When I received a request for a debate on the misuse of
parliamentary travel vouchers, I decided that it would present an
opportunity for the House and the public to get information, some
of which has not been given before, or which has been badly
distorted or misunderstood so far. This debate should be approached
as a measure to account to our people who are justifiably eager to
know what happened, what the issues are, what Parliament's position
is on various questions and what the future holds on these
matters.
The travel vouchers given to all MPs are valid for travel by air,
train and road. Travel for purposes of approved committee work is
provided for separately.
A document called Circular LO 19/2001 exists to provide checks and
balances to ensure that Travel Warrants are used according to set
stipulations. I am giving this detail to indicate that we do have
systems in place, which introduced in 1999 as an attempt to improve
on an earlier green form system. The critical question raised by
the probe which has been going on for over a year now, is whether
our systems are working well, what the weaknesses are and how
Parliament must improve to ensure that the problems we've
identified do not re-occur. I want to dwell a bit more on the issue
of the problems in the systems because if they did not exist we
would not be having this debate today. So dealing with our own
internal problems must be a key outcome of this whole exercise.
This is something on which we make an unequivocal commitment as
Presiding Officers with the responsibility for running the
Institution. It is with this in mind that the Secretary to
Parliament, the Deputy Speaker and Deputy Chairperson of the NCOP
are working on a comprehensive re-look at the LO19 document and a
range of other issues that might not be provided for at present.
The earlier disciplinary cases of the years exposed some of the
problems with the travel arrangements. In the report to the then
Speaker, from the disciplinary Committee, the need to tighten
systems was highlighted as one of the key recommendations. (African
language)
INVESTIGATIONS
Parliament started suspecting that something was going wrong at the
end of 2002 when staff in Finance realised that one member whose
home is in Vrede was supposedly repeatedly travelling to Umtata. At
the same time records also had him driving to Vrede from
Johannesburg. When the Member was questioned early in 2003, it
transpired that he had never been to Umtata in his life. The travel
agent called Sure ITC Travel (Pty) Ltd was engaged by Finance staff
with the aim of establishing exactly what was happening. When ITC's
responses were unsatisfactory all transactions with that company
were checked and were found to have been fraudulent. It is then
that - with the help of SAA - a broader probe was done which
resulted in the other travel agents being identified.
To come back to the investigation, the first thing I want to
clarify is that it is Parliament that instituted this probe. The
Forensic Auditors, Price Waterhouse Coopers were contracted in May
2003. Subsequently, the Commercial Crimes Unit of the SAPS were
brought on board in July 2003 when it became necessary to
confiscate documents from the offices of a number of travel agents
who had not co-operated when approached. Lastly, the National
Directorate of Public Prosecutions was approached in February 2004
to enhance and expedite the investigation.
After engaging South African Airways it transpired that the extent
of damage was serious. As said before we engaged Pricewaterhouse
Coopers to ensure that the investigation was conducted as
objectively as possible. Payments were then withheld to enable
investigators to verify how much Parliament was owed in order for
those amounts to first be subtracted before paying what Parliament
owed the travel agents.
The implication was that Travel Agents could not meet their
financial obligations to SAA and IATA. ITC applied for voluntary
liquidation. Another one, Business Executive Travel was involuntary
liquidated by Standard Bank at the instance of Parliament. It was
clear that in order to recoup our money Parliament had to be
represented in the liquidation processes. The close assessment of
books and records of ITC revealed that some members had received
benefits that appear to have been paid for by Parliament. These
included car hire, hotel accommodation and foreign exchange
transactions.
To what extent any of the Members knowingly got involved in any
wrong-doing has to be clarified through the investigation. Each of
the Honourable Members must have an opportunity to shed light on
any transactions done in their names. We are happy to say that
there's agreement on this approach both with all parties and the
investigators and it is on this basis that there is a process of
the necessary interactions in this regard.
Madam Deputy Speaker, I must - at this point - refer to a meeting
convened by the then Speaker Ginwala with MPs whose names had come
out in the ITC liquidation processes. There's nothing mysterious
about this particular meeting. It was held in the Old Assembly
Chamber on 8 August 2003 in broad daylight. Each MP was handed an
envelope containing documents relating to what seemingly involved
them. They were advised to meet the Liquidators to give relevant
information, clarify their understanding of why their names were
coming up. Some of the transactions related to Committee travel,
which had been organised, not by MPs, but by the Committee Section
of Parliament with no participation of MPs. Some were personal
transactions for which instead of the bills being sent to
individual MPs they'd been directed for payment by the Institution.
Where MPs acknowledged debt they made the appropriate arrangements
for payment with Parliaments Finance Section. In some instances, in
fact, MPs had never utilised the services of ITC and it was a
mystery to them how they became implicated. Clearly, somehow, with
or without Members' conscious involvement or participation - even
in the cases of other travel agents, the vouchers were providing
opportunities for fraud.
As Parliament these are the loopholes we must study in detail as we
re-look at the system, so we close the gaps and restore confidence
in the Institution and the Honourable Members elected to serve our
people.
For instance, there was a lack of proper control over:
* The issuing, use and cancellation of vouchers
* There was no system to check how often travel agents invoiced
Parliament for the same trips undertaken
* No system existed to properly validate invoices submitted for
travel
* No system existed for members to validate trips undertaken in
their names
NEW PRESIDING OFFICERS
After the 2004 elections, the new Presiding Officers asked for a
progress report on the investigation and received a summarised one
in June 2004. For the first time the issue of possible charges to
MPs appeared in that report. As everyone knows, the media has
carried numerous stories implicating current and former members. I
have consistently refused to add to the confusion and the frenzy
that has tried and sentenced Honourable Members ahead of time. No
amount of intimidation will change my approach on this.
Our Constitution is clear that any person is presumed innocent till
proven guilty by a court of law. We will not violate that
principle. We must allow the law to take its course. Whoever is
found guilty will of course face the full consequences of due
process. It is irresponsible to score political points on a matter
such as this, which has serious implications for an institution
such as Parliament and indeed for the country as a whole.
The issue of the Draft Report of Pricewaterhouse Coopers has
provided a lot for media reports in the past few weeks. A few facts
must be clarified in this respect.
(a) There was no promise on my part to make the report itself
public. No matter what the media said on this. I promised to come
back after reading the report especially on the issue of tightening
of the systems in Parliament
(b) Even if I wanted to, I was not at liberty to publish the report
when the investigation is still underway and the report itself is
"Strictly Private and Confidential"
(c) Thirdly, the report does not at all mention my name and the
Deputy Speaker's.
In fact, it does not deal with the names as such. A final report is
still awaited. Please be patient and watch this space.
The document circulated to all parties gives the current status in
respect of travel agencies, which are implicated without
jeopardising the ongoing investigation.
CONCLUSION
I wish to appeal to all of us to remember the sacrifices made by
our people for the democracy we are now enjoying. Some times we
take our achievements for granted. We will not disappoint those who
fought for the country. We will stop at nothing in fighting
corruption and promoting the rule of law.