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NEHAWU to open criminal cases against members of the Northern Cape Legislature this morning at 10am at Kimberley Police Station
6 October 2017
The National Education Health and Allied Workers' Union [NEHAWU] will open criminal cases in relation to the corruption and wasteful expenditure that has taken place at the Northern Cape Legislature this morning at Kimberley Police station at 10am against the Deputy Speaker of the legislature, the Chief Financial Officer, the then acting manager responsible for human capital, the Head of Staff in the office of the speaker and the Secretary to the legislature.
The Secretary to the Legislature received a sum of R367 788, 18 as a Non-Pensionable cash allowance which he is not entitled to.
In motivating for the allowance to be paid the Acting Manager responsible for Human Capital equipped that the payment of the cash allowance was meant to mitigate the impact of the non-permanent employment arrangement.
The Northern Cape Legislature Service Act of 2011 or any other legislation or policy does not provide for the payment for this type of allowance. The Senior Management Service Handbook which was used to justify the payment to the Secretary is only applicable to persons appointed by the Public Service Act which the Secretary does not fall under.
According to the Public Finance Management Act and the Financial Management of Parliament and Provincial Legislature Act clearly states that anyone who aids in any activity that results in fruitless expenditure should be criminal charged. The payment to the Secretary to the Legislature counts as fruitless expenditure and it is for that reason that the aforementioned members of the legislature must be criminally charged.
The second case will be opened against the Chief Financial Officer of the legislature who was offered the position of CFO by the legislature. He was offered the position in 2014 and resigned from his initial position, the following day he accepted the position of CFO. Immediately, he requested to be paid his leave days contrary to the policies of the Legislature and the Basic Conditions of Employment Act. To our dismay, the legislature paid him an amount of R116 301.87 as if he was entitled to it but he just merely changed the position. As a former finance manager and acting CFO he was aware of the legislative and policy provisions that relates to the payments of leave.
In 2009, he applied for study leave which his then supervisor did not recommend based on the conditions of employment of the Northern Cape Provincial Legislature [repealed in 2011]. He then applied for vacation leave as he did not qualify for study leave. Sadly, after nine years, the Secretary of the Legislature paid him out in cash for the leave days despite the regulations.
According to the PFMA and FAMPLA all three cases have an element of corruption and fraud. As NEHAWU, we strongly feel that criminal charges must be instituted against the aforementioned employees of the legislature. Further investigations must be instituted in order to verify the extent of the rot at the Legislature.
As NEHAWU, we call for a forensic investigation on the finances of the legislature including the amount of R525 947 which was deducted from the account of the Legislature by the South African Revenue Services [SARS]. The legislature responded by saying that the money was deducted by mistake. However, the amount was deducted as a result of non-compliance to tax laws.
We are still baffled as how the legislature received a clean audit. We also note that the two supervisors of the audit team from AGSA who audited the legislature at the time were subsequently employed by the legislature without following proper recruitment and selection processes. We therefore view this as a payback for the clean audit.
After the union reported these issues to the speaker, the rules committee and the Auditor General including the audit committee the branch leadership of NEHAWU at the legislature was threatened with intention to suspend and the instituting of punitive measures. The management has been on a witch-hunt on those they suspect to be leaking information. As NEHAWU, we will pursue the matter until the very end and will not stand idle while our members are being victimised.
Having opened criminal cases, the national union will deploy the national office bearers full time in the province until we reach a favourable outcomes. The national union will dedicate the entire month of November to resolving all the issues raised by our members during our branch visits.
Issued by NEHAWU Secretariat
Zola Saphetha (General Secretary) at 082 558 5968; December Mavuso (Deputy General Secretary) at 082 558 5969; Khaya Xaba (NEHAWU Media Liaison Officer) at 082 455 2500 or email: firstname.lastname@example.org Visit NEHAWU website: www.nehawu.org.za