Category: Crime & Corruption News

The Gauteng Legislature is considering laying criminal charges against the provincial Department of Infrastructure Development and Property Management (IDPM) officials and a contractor involved in the construction of a school in a waterlogged area in Tembisa.

The decision was unanimously agreed upon during a joint meeting of the legislature’s Portfolio Committees on Infrastructure Development and Property Management and Education on Thursday.

“The committee is currently in the process of consulting the legislature’s legal team to ascertain the legalities of such a move,” the chairperson of the Portfolio Committee on Infrastructure Development, Mpho Modise, said in a statement.

Both committees further agreed that a letter should be written to Premier David Makhura to request that he institute an investigation that will lead to disciplinary action against officials, who were responsible for overseeing the construction of the school.

During a recent oversight visit to Mayibuye Primary School, the committee assessed the standard and quality of work done by contractors in infrastructure development projects in the province.

“The multimillion rand school – which was supposed to be occupied in 2017 – stands as a white elephant after the department failed to obtain an occupancy certificate due to the dangerous conditions in which the school was built,” Modise said.

The department has to date spent R82 000 000 on the school.

The committee established that the school was constructed in contravention of the National Building Regulations and Building Standard Act 103, 1977, as amended.

In its assessment of the school, the committee came to the conclusion that the occupancy of the school might be a death trap to learners and educators, as the wetland has the possibility to weaken the building structure, which might collapse on those occupying it.

“This might leave government with only two options of spending more millions remedying the situation or demolishing the building, as it is deemed dangerous for occupation, and to avoid the building being used as a haven for criminals or illegal land invaders. This would mean that the millions of rands invested in the construction of the school has gone to waste,” Modise said.

On entering the school, Modise said the committee was greeted by flowing raw sewerage with an unbearable smell, which has also become a health hazard for passers-by and the surrounding community.

The school structure continues to deteriorate, with many defects such as collapsing ceilings, cracking tiles and walls, as well as flooding water around the school, which has remained unoccupied and neglected for over three years.

The committee is of the view that appropriate action must be taken against those who were involved in the wastage caused by building a school on a waterlogged site. Failure for appropriate action to be taken will signal the wrong message about the lack of accountability and consequence management in the province.

Law enforcement agencies are working together to probe the breaches of the COVID-19 Temporary Employee/Employer Relief Scheme (TERS).

The benefit scheme was established to provide much needed relief to employees, who have been laid-off work or unable to earn an income due to the COVID-19 pandemic.

In his first special audit report on the scheme, the Auditor General (AG), Kimi Makwetu, identified numerous gaps, risks and inadequate controls and verification processes.

“This has resulted in illegal payments, amongst others, to recipients of other State grants, students receiving National Student Financial Aid Scheme (NSFAS) payments, public servants, and even inmates, deceased persons and minors.

“There is also evidence of overpayments and underpayments, as well as inflated claims. I take these breaches very seriously,” the Minister of Employment and Labour, Thulas Nxesi, said on Wednesday.

Nxesi was briefing media on the findings of the AG report in relation to the COVID-19 TERS Relief Fund audit.

“The AG has recommended that in each instance, the Unemployment Insurance Fund (UIF) and the department collaborate with other State organs and law enforcement to investigate every illegal action and risk identified.

“In terms of COVID-19 TERS benefits, R41.6 billion has been disbursed in 9.5 million payments to laid-off workers, representing 822 000 employers.

“These benefits have supported millions of laid-off workers and their families, and injected cash into local economies,” said Nxesi.

The AG’s report noted that R37 billion had been disbursed by the end of June.

During the State of Disaster, normal UIF payments of R5.9 billion went out to over one million claimants.

The Minister said the COVID-19 TERS benefit payments represented a massive increase in the mandate and upscaling of the operations of the UIF.

Fusion Centre

On 24 August 2020, the Special Investigative Unit (SIU) launched a rapid forensic audit into the AG’s findings on the UIF, with a view of recovering monies illegally paid and charging the perpetrators.

“The department and UIF have worked through the Fusion Centre with other government departments, agencies and databases to close gaps and eliminate risks.

“The Fusion Centre is a combination of law enforcement agencies, which is intended to speed up investigations and prosecution of COVID-19 related fraud and corruption cases,” the Minister said.

It consists of the Financial Intelligence Centre, Independent Police Investigation Directorate, the National Prosecuting Authority, the Directorate for Priority Crime Investigation, the Special Investigative Unit and the State Security Agency.

“This allows all the forces to work together speedily in resolving the cases. The UIF cases are handled in the Fusion Centre and they are dealt with speedily.

“We have requested National Treasury to deploy technical resources to the UIF to urgently implement the recommendations of the AG and to develop system solutions for identified gaps and risks,” the Minister said.

In addition, National Treasury is assisting the Director-General of the Labour Department to identify service providers to conduct a forensic investigation into the overall workings of the UIF.

“We will also be looking into the workings of the Compensation Fund. Some 38 court cases have been opened, and charges laid against perpetrators – drawing on evidence from the AG’s findings, as well as from suspicious transactions picked up by the UIF’s own Risk Management Unit,” the Minister said.

Some of these cases are already before the courts, and the perpetrators are in jail.

Suspension of UIF Commissioner

“I await the outcomes of these various processes, before announcing further action against individuals and entities. The Auditor-General has now released publicly the final first special audit report into COVID-19 government expenditure – including UIF Covid19 TERS transactions – indicating serious risks and violations.

“In light of this, and because this occurred on his watch, this morning, I suspended the UIF Commissioner [Teboho Maruping],” the Minister said.

The Director-General of the Department of Employment and Labour has also suspended UIF senior management: the Chief Financial Officer, Chief Operating Officer and Head of Supply Chain.

“These moves allow for the SIU to conclude its forensic investigation, completely unfettered. This is not the end of the matter.

“The complete audit of all COVID-19 TERS benefit payments, as agreed with all social partners at the National Economic Development and Labour Council (Nedlac), commences this month. Beyond that, the AG will have a second bite in terms of the annual statutory audit for 2020/21.

“I assure you that I will not rest until every payment is accounted for, and every wrong-doer made to account,” the Minister said.

Health Minister Dr Zweli Mkhize says ahead of personal protective equipment (PPE) being procured by the State, discussions were held with MECs and various departments to curb COVID-19 corruption.

Responding to oral questions in the National Assembly on Wednesday, Mkhize said this was over and above several instructions being issued by National Treasury, in collaboration with the Department of Health, to determine the maximum pricing of PPE.

COVID-19 procurement has come under scrutiny after government published information of the tenders that were issued since the National State of Disaster was declared in March.

President Cyril Ramaphosa has condemned the irregularities and widespread looting of State resources and called for swift action against perpetrators.

“The President had raised the issue of curbing corruption with the Auditor-General and therefore, we have had engagements with the Minister [of Finance], the Director-General and the department to look at ensuring how we do risk analysis and put in place preventative and mitigation measures.

“In addition, this issue has been discussed with the various MECs and various departments and particularly, we had also discussed with the Minister at National Treasury that we need to keep refining mechanisms to ensure that there is control on pricing, as well as ensuring good quality, especially of PPE, where this issue has been arising of late,” Mkhize said.

Briefing Parliament recently, Finance Minister Tito Mboweni revealed that a brazen disregard for Treasury instructions in relation to pricing of PPE and compliance was part of the reason widespread corruption occurred.

This led to National Treasury discontinuing emergency procurement last month.

Addressing the House on Wednesday, Mkhize said the Department of Health – through the office of the Chief Financial Officer, in collaboration with National Treasury – through the office of the Chief Procurement Officer, engaged on the commodities pricing to curb the scourge of price taking and elements of price racketeering.

“Subsequent to that, market prices were reviewed and the maximum pricing of the units for personal protective equipment were kept at the maximum of 15% of the initial price, as per the Central Supplier Database, prior to the announcement of the National State of Disaster.

“Subsequent to that, National Treasury issued instruction note number 08/ 2019/ 20, dated 19 March 2020, to address and provide guidance on the supply chain management process.

“Furthermore, instruction note number 05/ 2020/ 21, dated 28 April 2020, followed to address the emergency procurement commodities to curb the spread of COVID-19 and controlling the prices per unit.

“National Treasury instruction note 07/ 2020 / 21 dated 26 May 2020, was issued to inform the accounting officers and authorities to establish a system of financial management, internal control risk management and internal audit under the direction of the audit committees,” said Mkhize.

President Cyril Ramaphosa on Wednesday held a virtual meeting with interfaith leaders as part of ongoing consultations and collaboration between government and various sectors of society on South Africa’s response to the COVID-19 pandemic.

A number of Ministers and Deputy Ministers participated in the meeting, said the Presidency, where government updated interfaith leaders on progress in South Africa’s response to the COVID-19 pandemic and impressed the need for continued vigilance to avert a resurgence in the infection or mortality rate.

“Interfaith leaders welcomed the measures adopted by government and the nation to date to save lives and enable greater economic activity.

“Interfaith leaders updated government on how communities of faith are implementing the provisions of the national lockdown that apply to religious gatherings and pointed out several challenges arising from these restrictions,” said the Presidency in a statement.

Interfaith leaders also called for a further easing of the national lockdown of restrictions that apply to religious gatherings.

The President undertook, on behalf of government, that the proposals made by the religious sector will be assessed by the National Coronavirus Command Council.

The meeting spanned a broad range of societal issues including the fight against corruption and the need for a return to ethical values as espoused in the Constitution and in the teachings of the interfaith community.

Government and the interfaith sector agreed to work together to achieve and sustain adherence to good values by all South Africans.

Discussion also touched on recent events in Eldorado Park, Johannesburg, surrounding the fatal shooting of Nathaniel Julies, a teenager with disability, economic recovery and the need to address hunger experienced by large numbers of households.

According to the Presidency, the President outlined measures taken by government to address corruption and said the COVID-19 pandemic was a watershed for fighting corruption in all forms and all sectors of society.

“Wrongdoing would not go unpunished,” the President said.

He expressed government’s appreciation for the spirit of partnership in which the interfaith community continues to work alongside government on issues confronting the nation.

Thirteen Tshwane Metro Police officers were arrested on corruption charges in the beginning of August 2020.

They have since appeared in court and were all released on bail ranging between R1 000 and R5 000, and are awaiting their second court appearance.

The Tshwane Metro Police Department (TMPD) has started with internal disciplinary processes.

The 13 accused members were issued with letters of suspension in the third week of August 2020 pending further investigations.

“The TMPD is serious in ruling out corruption within its members and these cases are investigated further. More arrests cannot be ruled out. Members of the public are encouraged to come forward and report corruption,” the Tshwane Metro Police Department said in a statement.

Members of the public are advised to contact TMPD on 083 657 2998 for corruption complaints.

The chairperson of the Portfolio Committee on Agriculture, Land Reform and Rural Development, Inkosi Zwelivelile Mandela, has warned that attacks on farms threaten food security, employment and the economy.

“Both farm workers and farm owners are of equal importance in the agricultural chain,” Mandela said.

He made the remarks following the recent attacks on four farms in Hartbeespoort in North West province.

In one incident, a woman and her children were held captive on a farm in Broederstroom. The attackers also fled with a family car and stolen valuables.

“Any type of violence against women and children is abhorred. We must ensure the reduction of crime against vulnerable groups,” Mandela said on Tuesday.

The committee condemned attacks on farm owners and farm workers, and called for increased police visibility in communities.

Mandela said Community Policing Forums and Community Safety Forums must be strengthened.

He also encouraged all communities to know their neighbours to create a non-racial and socially cohesive South Africa.

“We must, through our government’s approach to social compact, ensure that we all contribute meaningfully to the creation of peaceful and safer societies. We need to bring all the stakeholders and key role players on board in fighting the scourge of violent crimes,” Mandela said.

He said rural farmers, farm workers and farming communities are especially vulnerable, as they are isolated and far from essential services, including emergency medical care, fire and police services.

“The urban/rural divide bequeathed to us by the legacies of colonialism, apartheid and further compounded by the slow pace of rural transformation and rural economic development, is a cause for grave concern, and this bedevils our efforts to effectively wipe out crime. We must ensure that we take collective responsibility for the safety and the development of rural communities.

“The set-up of the district councils in rural areas must play a role in ensuring that people living in their areas take part in deciding solutions to their problems. Through the new district development model, we must further ensure the implementation of the National Rural Safety Strategy (NRSS),” Mandela said.

Mandela said the killing of farmers and farm workers has debilitating consequences.

“One of the key findings by Johan Burger, from the Institute for Security Studies, in research conducted in 2018 on ‘Violent Crime on Farms and Smallholdings’, is that farm attacks and farm murders have increased in line with the general upward trend in South Africa’s serious and violent crimes. These crimes have been found to share similarities with the trio crimes category of house robbery, business robbery and carjacking,” Mandela said.

He said the Portfolio Committee on Agriculture, Land Reform and Rural Development will work with the Portfolio Committee on Police to ensure that rural communities, inclusive of farming communities, get the required protection and services from the police.

Agriculture, Rural Development and Land Reform Deputy Minister, Mcebisi Skwatsha, has condemned the spate of farm attacks, describing them as cruel and barbaric.

Skwatsha said this when he participated in a debate on farm murders in a hybrid sitting of the National Assembly on Tuesday.

“We must all stand in solidarity with the affected families and vow in unison to prevent and combat farm murders. We must do everything we can to make sure the culprits are caught, prosecuted and sent to jail.

“I want to join my colleagues to say all lives matter, whether that is the lives of farmworkers or the lives of farm owners.

“As government, we must state categorically what is inscribed in the preamble of our Constitution. South Africa belongs to all who live in it, united in our diversity.”

The Deputy Minister said all reasonable and peace-loving South Africans must condemn in the strongest terms “what is clearly behaviour that is cruel, anti-social, barbaric and harmful to our endeavours to build a united, non-racial, non-sexist, democratic, prosperous South Africa”.

His remarks come after Agriculture, Rural Development and Land Reform Minister, Thoko Didiza, on Monday commended the swift arrest of suspects allegedly behind the triple murder on a farm in Magogong, outside Hartswater in the Northern Cape.

Addressing the House on Tuesday, Skwatsha condemned attacks on farm owners. This includes Mimi Jacobs from the Free State, who this year survived a brutal attack on her farm.

“On behalf of the Minister of Agriculture and the Minister of Police, on behalf of the entire government, we wish to convey these heartfelt condolences to the families of the deceased.

“We bow our heads in honour of all those killed in farm attacks… to mention but a few, Mr and Mrs Rafferty of KwaZulu-Natal, who were gunned down on 29 August 2020; the Brandt family in the Northern Cape, who lost three members of their family and thankfully, the culprits have been apprehended and in this instance… the justice system is doing its job.”

Skwatsha said the levels of moral degeneration and deviant behaviour in South African society are a cause for concern. He acknowledged that some farm murders are attributed to conflict between the owner and the farm workers.

“That is why we pioneered the extension of security of tenure, which we are busy shaping up to fit the necessary conditions… We must all stand in solidarity with the affected families and vow in unison to prevent and combat farm murders. We must do everything we can to make sure the culprits are caught, prosecuted and sent to jail,” he said.

Human Settlements, Water and Sanitation Minister Lindiwe Sisulu says the Gauteng Provincial Government must deal with officials implicated in the sale of government houses.

This follows reports that some public servants have illegally benefitted in the Clayvile Housing Project in Tembisa.

According to the Gauteng Portfolio Committee on Cooperative Governance and Traditional Affairs and Human Settlements, some units expected to be allocated to indigent beneficiaries have been sold to public servants, who do not qualify for fully subsidised housing.

“We commend members of the public for their bravery in exposing these unlawful activities. We cannot have public servants who break the law and steal from the poor.

“We have full confidence in our law enforcement agencies that they will get to the bottom of this, even if it means arresting some of their own,” Sisulu said.

Sisulu has also appealed to Co-operative Governance MEC Lebogang Maile to deal swiftly with those fingered in this illegal act.

The Clayville Mega City Project is one of the integrated housing development projects in Gauteng, which is expected to deliver over 14 000 units, consisting of fully subsidised government housing, rental stock and bonded houses, as well as social amenities including schools, parks and shopping centre.

Sisulu has also encouraged members of the public to be vigilant and to protect what is due to them by exposing and reporting all suspicious activities in human settlements projects.

Police Minister Bheki Cele has warned that police officers who mistreat victims of gender-based violence will be harshly dealt with.

Cele made the commitment during a security cluster dialogue themed ‘Improving access to justice for victims and survivors of GBV and femicide’ on Monday.

During August, which is commemorated as Women’s Month, a slew of reports of women being raped, maimed and murdered continued to dominate the media.

From April 2020 to date, 14 777 suspects were charged in relation to GBVF, said Cele.

In the first six months of 2020, a total of 217 life sentences were handed down to 251 accused from 200 dockets of domestic violence.

“The FCS [Family Violence, Child Protection and Sexual Offences] unit has made significant strides in securing justice for victims, and detectives continue to put together watertight cases to secure multiple life sentences,” said Cele.

While the FCS continues to be beefed up with more officers to handle the caseload, officers within stations continue to undergo specialised sensitivity training in order to provide a professional service to the victims.

“The treatment of victims and survivors with compassion and professionalism is a policy of the SAPS [South African Police Service]. However, the treatment of some complainants of domestic violence at stations remains a concern.

“Police [officers] who choose not to comply with the policy by turning victims away don’t have a place in the SAPS,” said the Minister.

Such acts, he said, are a dereliction of duty, “which is a serious offence that warrants [action].”

The Minister said a police directory will soon be made available at police stations across the country. The directory will contain every contact number of every police station, station commander, the National Commissioner, Police Minister and Deputy Minister, and all police officers in leadership roles.

Cele said this will enable citizens to escalate complaints until they are assisted.

“If anyone feels they’ve been let down by any man or woman in blue, they can contact the GBVF complaints line: 0800 333 177,” said Cele.

Cele said the brutal killing of women is a shame.

“It’s a fact; men commit these heinous gender crimes. It’s often men that the women [victims] know, men they love and trust, and men that they expect protection from.”

He emphasised that GBV remains a priority for the SAPS.

“We continue to improve and intensify the combatting, prevention and investigation of crimes against women of all ages, sexual orientation, gender identity and expression.”

Cabinet has tasked the JCPS cluster to ensure that GBVF victims and survivors get access to the criminal justice systems. The system must be efficient and sensitive to the needs of survivors.

Time for change

Cele said SAPS is making progress in resourcing specialised units that deal with GBVF, both in funding and human capital.

“We have a FCS that has trained specialist detectives to investigate gender-based violence.”

The shortage of rape kits, the Minister said, has been resolved and will not be an issue for the next three years after a supplier was recently appointed.

“Things need to change. Change must be at our stations – from the most junior officer right up to top management. The change must come from our homes, our communities, boardrooms and other places of work, schools, places of worship, educational institutions, and all public spaces,” he said.

Also speaking at the event, the Minister of Women, Youth and Persons with Disabilities, Maite Nkoana-Mashabane, said the country should be focusing on fighting against COVID-19 instead of men making women’s lives “impossible”.

“Women don’t do these painful things to themselves. The perpetrators are men. Yes, it has to start with the communities. Every woman must be able to walk the streets of a free South Africa, without the fear of being tampered with,” she said.

Cabinet recently adopted the National Strategic Plan for GBVF, which was developed by government, in conjunction with civil society.

Deputy President David Mabuza has condemned the brutal murder of Glen and Vida Rafferty, who were killed on their farm in Normandien, KwaZulu-Natal, over the weekend.

The Deputy President says law enforcement must conduct a thorough investigation and bring the perpetrators of these heinous crimes to book to ensure that justice is served for the victims.

Mabuza has called on all South Africans to value farmers and farm workers, and to be relentless in the pursuit of a better country, where all people live in dignity and at peace with one another.

“This is what defines who we are as a nation and should be the guiding light within our communities. Even in difficult times, our prevailing challenges must not lead us to despair and to engage in all that is against our humanity as a people.

“We must remain resolute in building a better South Africa that values human life,” said Mabuza.

The Deputy President will on Friday convene the Inter-Ministerial Committee on Land Reform and Agriculture, in his capacity as the chairperson of the committee.

The meeting will, among others, focus on specific programmes aimed at curbing violent attacks on farmers, which has negative impact on food production and security.

“The lives of farmers, farm workers and farm dwellers, as well as every citizen of the country, black and white, matter. It is for this reason that government will continue to work with the Justice, Crime Prevention and Security Cluster to ensure prevention as a priority in dealing with farm murders,” the Deputy President said.