ALLEGATIONS OF MALADMINISTRATION: DEPARTMENT OF PUBLIC WORKS, ROADS AND TRANSPORT OF FREE STATE PROVINCIAL GOVERNMENT

10 April 2000

A complaint was lodged with the office of the Public Protector by officials of the Department of Public Works, Roads and Transport of the Free State Provincial Government during 1999. The complaint contained allegations of maladministration, malpractices, and nepotism and/or favouritsm in the appointment of certain staff members within the Department.

The complainants form part of the Traffic Inspectorate Unit within the Department, which was established in 1995 with a view to investigating allegations of acts of corruption and maladministration in the Department, particularly in the Traffic Division.

The office of the Public Protector investigated the following allegations:

• Irregular issue of a driver's licence;
• Alleged irregular/unfair transfers;
• Certain appointments and promotions;
• Private trips logged as official trips and the misuse of government property for private purposes;
• Irregular registration of vehicles by officials at Lengau Testing Station and fraudulent issuing of roadworthy certificates by various officials;
• Approval of premature withdrawal of an official from the Subsidised Motor Vehicle Scheme by the Head of Department, contrary to the Subsidised Motor Transport instructions.

In his report on the investigation of the above allegations, the Public Protector, Adv S A M Baqwa SC said that he considered it imperative to make certain observations about issues which had emerged during the investigation. "It is evident that rules and regulations were not adhered to and by admission of some of the interviewees that these precepts of law were unknown to them" he said. Most staff members had been in acting positions - more particularly at management level - and some acting in these positions had not been ready to deal with the responsibilities linked to these posts. The Head of Department, as the accounting officer, had not always been consulted, as was evident from the appointments of people in acting positions. The report states that the Head of Department seemed not to have been bothered by these appointments until matters had got out of hand and that managers neglected their responsibilities and delegated them to junior staff under the pretext of empowerment. "Whilst affirmative action and empowerment are important concepts in government's employment policy, they are not concepts to be used to cover irregular appointments," said Adv Baqwa.

The report further states that the conduct of the Selection Panel with regard to the recommendation of three candidates to the Executing Officer had its own shortcomings. "If the situation is left like this and selection panels are allowed to operate in this way, government is going to have serious problems when it has to make appointments and be faced with unnecessary civil claims from incumbents," he said.

Adv Baqwa also observed that some staff members who were acting in management positions were not aware of the provisions of the Public Service Act and that proper training of officials at different levels was lacking and needed to be looked into.

The report describes the delay by the complainants to lodge the complaint as "disconcerting". Most of the events took place during 1997, but were only made known during 1999. "This puts a question mark on the motive of the people who lodged the complaint," said Adv Baqwa.

He expressed serious concern about the fact that prior to the complaints raised by members of the Traffic Inspectorate Unit, no structures had been in place to curb misuse of government property. He also commented that there were no clear terms of reference within which the Traffic Inspectorate Unit had to operate, which resulted in confusion, not only amongst the complainants but also amongst those affected.

Recommendations

The Public Protector has recommended that:

• Transfers of the affected complainants should not take place until proper procedures are followed. The Director-General should take appropriate steps to ensure that transfers are conducted in a procedurally correct manner and in terms of the applicablules and regulations as well as the provisions of the Constitution.
• The Director-General take appropriate steps to ensure that staff dealing with appointments be properly trained, that Selection Panels include a properly qualified and trained personnel practitioner to advise the Panel and that the advertisement of posadhere to the applicable prescripts.
• The Director-General conduct a Personnel Audit in respect of those officials appointed and promoted in the Department since 1995 with a view to establishing their competency and whether they are correctly placed in terms of expertise, experience and qifications.
• The Director-General take appropriate steps to ensure that supervision and control with regard to official journeys and overtime claims be improved to conform to applicable prescripts, and that staff dealing with evaluation, control and calculations paining to official journeys and overtime be properly trained.
• The Director-General appoint an officer from outside the Department, to investigate the question of private trips ostensibly for official purposes and the misuse of government property.
• The Director-General ensure that the internal investigation which had been initiated within the Department with regard to the irregular registration of vehicles by officials at Lengau Testing Station and fraudulent issuing of roadworthy certificates barious officials, be continued and that Departmental officials assist the investigating officer in any way possible.
• The Director-General submit a copy of the Public Protector's Report to every member of the senior management of the Department.

Enquiries: Nicolette Teichmann
Tel: (012) 322 1190
Cell: 082 333 5624