Issued by: The Department of Justice
8 July 1998
RESPONSE TO ALLEGATIONS OF FRAUD AND THEFT IN THE DEPARTMENT OF JUSTICE - ARTICLES APPEARING IN THE SATURDAY STAR 5/7/98 WRITTEN BY JACKIE CAMEROON
Two articles appeared in the Saturday Star of 4/7/98 headed "Thieves busy in halls of justice", and "Robed blind in the halls of justice", and an editorial headed "Dallah, get your act together".
Now that you know what the Saturday's Star has reported about the Department of Justice regarding allegations of fraud and theft, what you were deprived of was the department's responses to these allegations which we feel the general public is entitled to know. Below we deal with these allegations effectively and give our responses:
1. Allegation: Ekangala (a) corruption, theft and misconduct prevalent at Ekangala Magistrate Office e.g. R4.3 million stolen to buy a block of flats by an official, R2 000,00 stolen to repair private car.
(b) Lack of discipline and adherence to regulations in office e.g. misplacement of warrant of arrests, cheque books lying around negligently, cheques stolen, etc.
Response: (a) Theft, corruption and misconduct at the office was uncovered by the department's own inspectors. We are aware of R4.3 million stolen to buy a block of flats. We requested the Heath Commission to attach the culprit's property worth R4.5 million to ensure full recovery. The Heath Commission is continuing with these investigations. About the R2 000,00 stolen, we have requested the Saturday Star to provide us with more information. We have strict instructions in all the sub-offices not to permit cheque books to be left unattended.
2. Allegation: The Auditor-General's report - officials at Head Office not adhering to regulations and this leading to the misappropriation of funds; discrepancies between banks and cash balances; unauthorised changes in the journals; a backlog in the capturing and processing of transactions from October 97; general financial management inefficiencies throughout the department.
Response: We have no knowledge of a confidential report alleging misappropriations at Head Office in Pretoria, nor have we knowledge of any misappropriations. We pledge our full cooperation with any police investigation of any alleged misappropriation.
3. Allegation: Loss of funds amounting to R1.6 million at Randburg Magistrate Court, R200 000.00 of maintenance and bail monies stolen from Kempton Park Magistrate Office and R340 000,00 stolen from Simons Town Magistrate Court by a senior official.
Response: We are aware of all these incidents which were uncovered by the department's own inspectors. In all these incidents, culprits have been criminally charged, charged with misconduct or jailed. Contrary to the claim that disciplinary steps are not taken against culprits, the Director-General causes in every known case, harsh disciplinary and recovery measures to be instituted.
4. Allegation: Confidential report reveals that 8 000 of government cheques have been stolen from the Department Justice in two years amounting to R23 million rand.
Response: We acknowledge that, on occasion, the theft of cheques has been discovered too late for meaningful recovery to take place. However, to give the impression that this occurred often, or that theft and fraud in the Department are rampant, is false in the extreme. As an example, the journalist chose to claim that 8 000 vouchers had been reported as stolen, when she had been given information that the theft and loss of only 3 516-00 had been reported as having occurred throughout the country during the financial year 1997/98. Worse, the journalist fails to record that payment on many of these was timeously stopped. The stoppage rate is in fact extremely high. During the current financial year, in 30 of 46 reported incidents of theft, payment was timeously stopped.
5. Allegation: The unexplained "disappearance of millions of rands earmarked for paying the salaries of new court officials".
Response: We have not received any amounts for the employment of additional people since 1994, until 1 April 1998 when an amount of R45 million was allocated for this purpose. 332 additional posts were created with this allocation. In this way 98 prosecutors who have been on a fast tracking course were appointed. Other posts, some of them intended for OSEO, have been advertised and are in the process of being filled. The amount received is fully announced for. Nothing has disappeared.
6. Allegation: A Deputy Director-General submitted false subsistence and travel expenses claims.
Response: This is a disturbing allegation and the Department is anxious to investigate it. Would the Saturday Star please provide the name of that official, which they say they have, to facilitate investigations. They could even give it to the police.
7. Allegation: a Deputy Director-General has received the same salary as that of the Director-General.
Response: It is true that one Deputy Director-General receives the same salary as the Director-General. This former official was, prior to 1994, a Director-General of the Department of Justice of an "independent state" within the Republic. As a matter of law, and this the Public Service Commission has endorsed, the official is entitled to the salary and privileges of a Director-General, all of which he has earned.
8. Allegation: Excessive claims of overtime at Head Office.
Response: An objective investigation of these allegations took place months ago and were found to be without merit. The investigations were by parties outside Department's Head Office including the Public Protector.
9. Allegation: It is not blatant crime that is sapping Justice Department coffers but, sheer incompetency and a failure to implement government policy have led to millions of tax payers' money being wasted each year.
Response: The accusation of incompetency is made all too often by those who refuse to accept the employment of Black people in the public sector and the prevailing transformation process. These are people who will stop at nothing to show up the government as failing and Black managers as incompetent thieves.
10. Allegation: 478 Justice Department posts were found to be unnecessary costing the government R45 million rand in the Eastern Cape.
Response: R45 million has nothing to do with the Eastern Cape. The valid point concerning the Eastern Cape is that, with the rationalisation process, the separation of judicial functions, the setting up of Regional Offices, and the introduction of the Cluster system numerous posts in that province were found superfluous. In any event most of those posts were vacant and no money was spent on them.