Recommendations/ Remedial Action

Page 35Accountability • Integrity • Responsiveness

Recommendations/ Remedial Action

The Public Protector recommended that:

• The Department should prioritise the upgrading of more Labour Centres to become processing and payment

Centres;

• The Department must exercise its powers in terms of Chapter 4 of the Act to enforce compliance by

employers;

• The Department should expedite the establishment of the RACs in the remaining provinces; and

• The Department should expedite the envisaged restructuring of Labour Centres in order to separate

unemployment insurance claims from other services rendered by the Department.

1.5.2 COMPEnSATIOn FUnD

REPORT 28 OF 2009/10

Compensation Fund must expedite its claims process

The Public Protector conducted an investigation into systemic deficiencies in the operation of the Compensation

Fund in order to identify root causes of complaints of undue delay and inaccessibility. Some of the complaints were

related to allegations of lack of transparency and undue delay in processing and finalising compensation claims.

Case Study A1:

Ms SFg alleged that the Compensation Fund failed to inform her of its decision regarding liability for her original claim

for compensation and unduly delayed finalising her request to have her claim re-opened.

Case Study A2:

Mr SJB approached the Public Protector with a complaint that the Compensation Fund had unduly delayed finalising

his claim for compensation after he was shot while on duty on 28 May 1999.

Case Study A3:

Mr DP alleged that the Compensation Fund prematurely assessed him at 35% permanent disablement while he was

still entitled to receive compensation in respect of temporary disablement, and that the Compensation Fund unduly

delayed providing him with authorisation to have an MRI scan taken so that his doctor could assess how to stem

further deterioration of his medical condition.

Allegations of inaccessibility to the general public:

Case Study B1: Mr KHD and Mr NHdV approached the Public Protector with complaints that the Compensation Fund

had failed in its duty to be accessible to the general public through its telephone system.

Page 36

Concomitant to the investigation, the following were established:

• In the matter of Ms SFG , the Compensation Fund expressed the view that it was not obliged, in terms of

the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) to give information to

employees regarding their claims.

• In the matter of Mr SJB, the Compensation Fund submitted that correspondence had never been sent to

him advising of the outcome of his claim, as he had not made enquiries directly from the Compensation

Commissioner.

• In the matter of Mr DP, the Compensation Fund maintained that he had been properly awarded permanent

disablement.

• With regard to the matters of Mr KHD and Mr NHdV, the Compensation Fund submitted that its telephone

system (as at 2005) was outdated and unable to provide proper functionality.

Overview of Findings

The Public Protector found that:

• The Compensation Fund is duty bound to provide injured employees with information about the status and

outcome of their claims, and to include information regarding their legal rights should a claim be repudiated.

• The Compensation Fund unduly delays the finalising of claims and objection matters (some objections having

taken up to three years to be dealt with before affected employees had access to effective remedies).

• The Compensation Fund has an insufficient number of call centre agents to manage the huge influx of calls

received on a daily basis. In addition, call centre agents require training in the proper application of COIDA

legislation.

• The Compensation Fund has an insufficient number of staff at its Legal Services directorate to process and

finalise objection hearings timeously.

Recommendations/Remedial Action

The Public Protector recommended that the Compensation Fund should expedite its processes by:

• Registering claims, objections and other legal processes within 10 days of receiving accident reports, objection

forms and other documents.

• Furnishing progress reports regarding claims, objections and other legal processes, to employers and

employees every eight weeks.

• Adjudicating claims within six months of receiving accident reports and other supporting documents required

to finalise claims. In addition, adjudicating and finalising objections and other legal processes within 90 days

of receiving objection forms or other legal documents required to finalise the processes.


• Paying compensation to employers (where payment is due to them) and/or injured employees, within four

weeks of taking decisions.

• The Compensation Fund indicated that it would finalise its call centre permanent post structure by September

2009, with a view to employing additional call centre agents. Where this has not already been done, the

Compensation Fund should ensure that it complies with its undertaking by December 2009, so that more call

centre agents are employed to manage the huge number of calls received on a daily basis.

• The Compensation Fund should finalise the filling of all vacant approved posts throughout its office by March

2010, especially at the Chief Directorate: Financial Management.

1.6 OWN INITIATIvE INvESTIgATIONS

1.6.1 WESTERn CAPE DEPARTMEnT OF EDUCATIOn


Department must urgently address conditions at Duneside Primary School

The Public Protector conducted an investigation, on own initiative, regarding the alleged undue delay on the part

of the Western Cape Education Department (WCED) to attend to conditions at the Duneside Primary School (the

School) in Mitchell’s Plain. The investigation emanates from a newspaper article published on 16 January 2009. In

the article the following was reported:

• The principal of the School was frustrated with the alleged undue delay on the part of the WCED to assist after

half of the school building was closed in August 2008 due to vandalism.

• Learners had access to only two toilets, one for boys and another for girls.

• The School had been turned into a dumping

place and posed a health threat to learners and

educators, which was confirmed by a health

inspector.

• The School had been one of the top primary

schools in the Western Cape in a previous

year, but registration at the School had since

plummeted.

• Some money had been given to the School

Governing Body (SGB) for repairs and the way

in which the money had been used was under

“formal” investigation.

Page 38


The Public Protector found that:

• The vandalism at the School started during the June/July 2007 school vacations, but during January 2009 the

School had still not been secured and was still experiencing the same problems.

• From April 2008 the WCED had been aware of the fact that the Department of Public Works would only attend

to repairs when the School had been secured. Meanwhile, several officials visited the School, but the conditions

perpetuated. The School eventually received money to secure the School on 14 December 2008 during the

school holidays. The School only secured the services of a service provider for burglar proofing during March

2009, which was more than a month after the re-opening of

schools on 21 January 2009. When the Public Protector visited

the School on 1 April 2009, the service provider had not started

with his work. This inaction over a period of almost a year was

found to constitute undue delay on the part of the WCED.

• The Health Inspector’s urgent recommendations of 20 August

2008 were not implemented despite the fact that they were

aimed at ensuring that there was enhancement of the general

environmental health conditions at the School. Failure by the

WCED in this regard was also found to have been improper.

• The undue delay in addressing the dire conditions at the School infringed the learners’ and educators’ right to

a clean and safe environment that is conducive to education.


The Public Protector recommended that:

• The WCED should ensure that the security and repairs at the School be concluded as soon as possible.

• The School should ensure that the health risks that were identified by the Health Inspector not recur after the

repairs and maintenance had been effected.

• The WCED should introduce measures to ensure that the delays experienced at the School did not recur at

other schools in the Western Cape Province.

• In addition to burglar-proofing, the WCED should also consider upgrading the wire fence at the school in order

to reduce unauthorised access to the school premises and to enhance the safety of learners and educators.

• The WCED should ensure that a 24-hour security service provider be contracted to guard the premises, also

after hours and during school holidays.

‘ The Public Protector places

emphasis on a twin pronged

approach of promptly righting each

wrong committed by the state

or state actor while facilitating

systemic administrative and

governance improvements’


1.6.2 nORTH WEST DEPARTMEnT OF TRAnSPORT, ROADS AnD COMMUnITY SAFETY

REPORT 1 OF 2009/10

Department not obliged to pay volunteer, but must attend to Learner Transport Programme urgently

The Public Protector conducted an own initiative investigation into an allegation published in a newspaper that the

North West Department of Transport, Roads and Community Safety (the Department) failed to pay Mr K for providing

transportation to learners of the Calvyn Primary School in Schweizer-Reneke. It was also alleged in the article that

more than 100 learners were unable to write their mid-year examinations because Mr K stopped transporting them

to school in a bid to get payment from the North West Department of Transport.


The Public Protector found that the Department was under no obligation to remunerate Mr K for the transportation

that he provided to learners of the Calvyn Primary School as he was not an appointed service provider; however,

there was an urgent need for the learner transport programme to be improved and for adequate funding to be made

available in this regard.


The Public Protector recommended that the Member of the Executive Council of the North West Provincial Government

responsible for public works, roads and transport take appropriate steps to ensure that the urgent need to improve

and adequately fund the Learner Transport Programme of the North West Department of Transport was attended

to.

1.6.3 THEMBISILE LOCAL MUnICIPALITY


Municipality should take appropriate action to ensure safety of residents

The Public Protector conducted an own initiative investigation which arose out of a news report by the South

African Broadcasting Corporation (SABC). The report relates to an incident where a trench was dug for purposes of

constructing a storm water pipeline in Block 17, Moloto Village, but was allegedly left unfilled by Thembisile Local

Municipality, thus causing prejudice to some of the residents.


The Public Protector found that the Municipality’s action amounted in maladministration as it had allowed a situation

that endangered the public in contravention of section 152(1) of the Constitution as well as section 11(3) of the Local

Government: Municipal Systems Act 32 of 2000. It was further found that the conduct of the Municipality prejudiced

some of the residents as they were denied unimpeded access to their homes.

Page 40

Recommendations/Remedial action

The Public Protector recommended that the construction of the storm water pipeline should be completed without

further delay, and the Municipality should take appropriate action to ensure the safety of residents in the affected

areas of Moloto village.

1.7 SETTLEMENTS AND MONITORINg OF REMEDIAL ACTION

Through the newly established Early Resolution Unit and the move towards harnessing the full constitutional and

statutory powers of the Public Protector, many complaints and/or disputes regarding state maladministration and

other forms of improper conduct and related prejudice or injustice, were resolved through conciliation, mediation

and negotiation. These Appropriate Dispute Resolution (ADR) interventions not only facilitated early resolution but

ensured that wronged complainants got prompt remedial action. A process, led by the Deputy Public Protector is

working on systematised ADR implementation, which includes the development of rules to promote cooperation from

the state thus expediting investigations and other case resolution processes.

Considerable effort was also devoted towards monitoring the implementation of findings and settlement agreements.

This is an area that is targeted for closer attention in the coming year. Interventions include a new unit to be established

to focus on compliance support.

1.8 INTERNATIONAL RELATIONS

Efforts aimed at establishing, enhancing and sustaining international relations and cooperation continued. The key

focus of international relations efforts has been the Association of African Ombudsman and Mediators Association

(AOMA), where South Africa remains the Executive Secretary and host country for the Secretariat and headquarters.

Key activities included participation in commemorating 200 years of the Ombudsman institution and participation

in international and regional conferences. Efforts towards establishing an African Ombudsman Research Centre

in collaboration with the University of KwaZulu-Natal also achieved significant progress, which included funding

estimated at R3 million from the Department of International Relations and Cooperation (DIRCO). Involvement in

international relations transcended interface with Ombudsman institutions and included participation by the new

Public Protector in forums seeking global solutions to promote anti-corruption, good governance and the rule of law.

1.9 CONCLUDING OBSERVATIONS: IMPACT, TRENDS AND FORWARD PLANNINg

The complaints that were brought to the Public Protector during the period under review highlighted serious challenges

with regard to service delivery and adherence to good governance. Most of the complaints centred on service delivery

failure or maladministration regarding basic necessities of life such as identity documents, social grants, government

pension fund payout and local government service delivery. There were also a considerable number of investigations


regarding conduct failure mostly involving tender irregularities and

abuse of power in the management of people in various organs

of state. Investigations into service and conduct failure invariably

proved that in most organs of state, particularly in local government,

such failures were mere symptoms of systemic administrative and

governance failures in affected organs of state.

The new strategic plan of the Public Protector places emphasis on a

twin pronged approach of promptly righting each wrong committed

by the state or state actor while facilitating systemic administrative

and governance improvements with a view to minimising demand

and generally promoting good governance. The importance of this

was highlighted during a period where the nation saw an eruption of

service delivery protests and during the Public Protector’s interface

with affected communities.

The experiences of the year under review and the new strategic plan further highlight the importance of partnerships

with other oversight agencies and stakeholders that can serve as enablers for the work of the Public Protector.

Accordingly, efforts in the last five months and the new strategic plan have placed emphasis on leveraging stakeholder

relationships for enhanced institutional effectiveness.

Unfortunately, the issue of resources remains a recurring theme. The problem is particularly acute with regard to

the number of investigators which is a little over ninety for the whole country. The accessibility of services through

effective communication, outreach activities and expanded presence is also hampered by resources.

The period under review was a pivotal period as it involved the end of term for the second Public Protector and the

critical first few months of the third one. The transfer of institutional memory by the outgoing Public Protector made

the transition easy which allowed the new incumbent to hit the ground running. Most of the efforts went into wrapping

up the one term and planning for the new term and 15th anniversary of the Public Protector. The systems are now in

place and ready for delivery.

Top ten Organs of State complained against:

1. Justice & Constitutional

Development

2. Municipalities

3. Home Affairs

4. Social Development and SASSA

5. National/Provincial Treasury/GEPF

6. SA Police Service

7. Labour

8. Human Settlement

9. Education

10. Health

Page 42

PART 2: CHIEF ExECUTIVE OFFICER’S REVIEW

2.1 INTRODUCTION

The Annual Report of the Public Protector provides an audited account of the performance of the Public Protector

for the financial year 2009/10. The report describes the key areas of performance against the Strategic Plan and the

budget of the Public Protector.

The vision of the Public Protector in the 2009/10 Strategic Plan was defined as follows:

To be one of the leading Public Protector (Ombudsman) institutions in the world

The mission of Public Protector, South Africa was defined as follows:

To strengthen constitutional democracy by conducting investigations into alleged or suspected improper conduct by

organs of state, reporting and recommending remedial action, and enhancing awareness and accessibility to all.

2.1.1 KEY STRATEGIC OBJECTIVES

The key strategic objectives of the Public Protector, South Africa defined during 2009/10 are as follows:

a) To be one of the leading Public Protector (Ombudsman) institutions in the world.

b) To ensure that all allegations of improper conduct by the state and its entities are investigated, reported and

appropriate remedial action taken.

c) To ensure accessibility of the Public Protector services to all persons and communities.

d) To ensure the efficient and effective management/ leadership of the Office of the Public Protector.

e) To ensure a high performance culture by attracting and retaining highly competent and skilled individuals.

2.1.2 PROGRAMMES AND SUB-PROGRAMMES

The operations of the Public Protector were revised into three programmes, which are the following:

a) Investigations and Outreach

The sub-programmes defined under the programme are National Investigations, Provincial Investigations, Special

Investigations and the Outreach Programme. The purpose of the programme is to conduct investigations in terms of

the constitutional and legislative mandate of the Public Protector and to empower the people through knowledge, and

ensure accessibility of the services of the Public Protector.


b) Executive Management

The programme consists of the Public Protector, Deputy Public Protector, Chief Executive Officer, Executive Support

and Security and Risk Management. The purpose of the programme is to provide leadership, oversight and strategic

direction and effective support services to the Executive Authority.

c) Corporate Support Services

The programme consists of corporate support sub-programmes such as Human Resources Management and

Development, Finance and Supply Chain Management, Information Technology and Knowledge Management,

Administration Support and Communications. The purpose of the programme is to provide effective and efficient

corporate support services.

2.1.3 KEY ACHIEvEMENTS

2.1.3.1 Investigations and Outreach

a) 12 316 new complaints were received, and a total of 18 111 complaints were investigated, of which 14 738

complaints were finalised.

b) 44 formal reports were produced and signed by the Public Protector.

c) The following Outreach activities were achieved:

• 81 collaboration activities

• 245 information sessions

• 48 slots obtained on community radio stations

• 29 articles on the Public Protector’s mandate published in provincial/community newspapers

• 362 posters put up at key service centres

• 921 clinics conducted.

2.1.3.2 Executive Management

a) An exchange strategy has been reviewed and adopted.

b) A process of consultation with stakeholders in all nine provinces was held to brief and consult with

stakeholders.

c) Organisational risks were identified and monitored monthly and reported on quarterly.

Page 44

2.1.3.3 Corporate Support Services

a) The Master Systems Plan has been reviewed and approved, and the following projects have been

implemented:

• Case management was further developed to enhance business reporting and training provided to all

users

• Development and implement of Sharepoint technology: training for all users will be provided in the next

financial year

• The financial system Great Planes has been upgraded and implementation is ongoing.

b) The Human Resources Staff Manual has been drafted and approved.

c) Reviewed and implemented Performance Management and Development System and Performance

Agreements have been signed by all staff.

d) Staff workshops were conducted on the Disease Management and Life Skills Management programmes, a

Health Awareness Day was arranged and World AIDS Day was commemorated at all the Public Protector

offices.

2.1.4 STATISTICAL OVERVIEW OF CASES AND INVESTIGATIONS

Table 1: Statistics of complaints brought forward, received, finalised and carried over to the 2009/10 financial year

Branch Brought Forward

From 2008/09

Received = 16 136 Finalised Carried Over To 2010/11

Jurisdiction no Jurisdiction

Referral To Other

Institutions

national 5681 1 628 23 107 1 731 2212

Early Resolution 911 219 118 789 3662

Eastern Cape 5473 828 89 49 1 245 130

Free State 121 1 206 65 9 1 146 181

Gauteng 831 1 305 950 394 1 758 378

Kwazulu-natal 6974 742 151 11 1 298 141

Limpopo 1 0505 1 147 362 26 2 073 124

Mpumalanga 611 593 148 29 945 259

northern Cape 213 1 108 84 12 745 576

north West 665 1635 612 21 1734 566

Western Cape 492 1213 284 57 1274 431

Total 5 7956 12 316 2 987 833 14 738 3 373

1 Corrected from 459 that was reported in 2008/09 2 The Early Resolution Unit was created in November 2009 and staff were transferred with 244 existing files from National Investigations 3 Corrected from 558 that was reported in 2008/09 4 Corrected from 1015 that was reported in 2008/09 5 Corrected from 1030 that was reported in 2008/09 6 Corrected from 5 995 that was reported in 2008/09


Breakdown of Complaints received during 2009/10

Breakdown of Complaints received during 2009/10

Average turnaround times for the finalisation of investigations in the 2009/10 financial year.

52%

18%

19%

11%

0-3 months

4-6 months

7-12 months

13+ months

Page 46

Sample of complaints received against top 12 organs of state

1918

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1501

1333

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602

530

463

443

389

301

121

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0 500 1000 1500 2000 2500

Other

Public Works & Transport

Health

Education

Correctional Services

Human Settlement

Labour

SA Police

National/Provincial Treasury/GEPF

Social Development & SASSA

Home Affairs

Municipalities

Justice & Constitutional Development


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depe

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plai

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ctor

ate

b) R

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igh

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ohan

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SA

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ompe

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mis

sion

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nd o

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fina

ncia

l yea

r th

e P

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tect

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eld

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tings

to

esta

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latio

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p, c

o-op

erat

ion

and

impr

ovin

g re

spon

se

times

with

the

follo

win

g or

gans

of s

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gal A

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eter

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d)

Rea

sons

for

maj

or v

aria

nce

Page 50

Str

ateg

ic O

bje

ctiv

e 1:

To

be

on

e o

f th

e le

adin

g P

ub

lic P

rote

cto

r (O

mb

ud

sman

) in

stit

uti

on

s in

th

e w

orl

d

Ele

men

ts o

f th

e S

trat

egy

Ob

ject

ive

To

est

ablis

h th

e m

edia

as

a cr

itica

l par

tner

for

enh

anci

ng

the

wo

rk o

f th

e P

ub

lic P

rote

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r

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mun

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ia c

onsi

ders

th

e P

ublic

P

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a

valu

ed p

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er

and

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rn

prod

uces

ba

lanc

ed a

nd

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ctiv

e m

edia

re

port

s

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ia r

elat

ions

pla

n im

plem

ente

d an

d en

hanc

ed

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ia r

elat

ions

pl

an a

ppro

ved

and

impl

emen

ted

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ivit

ies

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rova

l of t

he m

edia

re

latio

ns p

lan

Impl

emen

tatio

n as

per

th

e ap

prov

ed p

lan

Med

ia r

elat

ions

str

ateg

y an

d pl

an h

ave

been

dra

fted

and

will

be

final

ised

du

ring

2010

/11

finan

cial

yea

r.

How

ever

, the

re w

as o

ngoi

ng in

tera

ctio

n w

ith th

e m

edia

as

follo

ws:

(a) M

edia

bri

efin

g

One

med

ia b

riefin

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ort o

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ando

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am in

vest

igat

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) Med

ia r

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ses

E

ight

med

ia r

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) R

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terv

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ting

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ail &

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n(d

)

Rea

sons

for

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or v

aria

nce


Str

ateg

ic O

bje

ctiv

e 1:

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on

e o

f th

e le

adin

g P

ub

lic P

rote

cto

r (O

mb

ud

sman

) in

stit

uti

on

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th

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orl

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Str

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bje

ctiv

e 1

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ft M

OU

fo

r pr

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ptio

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alis

atio

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plem

enta

tion

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stak

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hav

e be

en i

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ified

and

a c

ompr

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sta

keho

lder

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t dr

afte

d. I

n or

der

to i

dent

ify t

he n

eeds

of

all

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ehol

ders

, a

proc

ess

of

cons

ulta

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with

sta

keho

lder

s in

all

nine

pro

vinc

es w

as h

eld

to b

rief

and

cons

ult w

ith S

take

hold

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prio

r to

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plan

. The

mee

tings

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ld

as fo

llow

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ree

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te: 1

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ebru

ary

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orth

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b) N

orth

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t: 1

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ch 2

010

c)

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aZul

u-N

atal

: 8 M

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tern

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0 M

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tern

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iona

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ts r

ecei

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durin

g st

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nsul

tatio

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eetin

gs w

ill b

e us

ed to

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mpr

ehen

sive

inte

grat

ed s

take

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anag

emen

t pl

an d

urin

g th

e 20

10/1

1 fin

anci

al y

ear.

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keho

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C

olla

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tion

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um

es

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d M

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gned

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aste

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e S

tate

, K

waZ

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al,

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popo

, M

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th W

est

and

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tern

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e. I

n G

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rum

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tabl

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ted

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keho

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sons

for

maj

or v

aria

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Sta

keho

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labo

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lan

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erre

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nex

t fin

anci

al y

ear

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use

the

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lic P

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app

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id-y

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oces

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tatio

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in a

ll ni

ne p

rovi

nces

was

hel

d to

brie

f an

d co

nsul

t with

them

prio

r to

dra

fting

the

plan

.

Page 52

Str

ateg

ic O

bje

ctiv

e 1:

To

be

on

e o

f th

e le

adin

g P

ub

lic P

rote

cto

r (O

mb

ud

sman

) in

stit

uti

on

s in

th

e w

orl

d

Str

ateg

ic O

bje

ctiv

e 1

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eff

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rate

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tern

al a

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ern

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om

mu

nic

atio

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mun

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grat

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nal

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rnal

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mm

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atio

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fra

mew

ork

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t st

rate

gy h

ave

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n in

tegr

ated

ex

tern

al

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rnal

co

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w

as

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ted

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ted.

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sons

for

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or v

aria

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Ado

ptio

n of

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mun

icat

ions

Str

ateg

y w

as d

efer

red

to th

e ne

xt fi

nanc

ial

year

in o

rder

to e

nsur

e th

at th

e st

rate

gy a

ddre

sses

the

need

s of

sta

keho

lder

s an

d is

enh

ance

d w

ith th

e in

puts

obt

aine

d du

ring

stak

ehol

der

cons

ulta

tions

.


Str

ateg

ic O

bje

ctiv

e 2:

To

en

sure

th

at a

ll al

leg

atio

ns

of

imp

rop

er c

on

du

ct b

y th

e st

ate

and

its

en

titi

es a

re i

nve

stig

ated

, re

po

rted

on

an

d a

pp

rop

riat

e re

med

ial

acti

on

tak

en

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bje

ctiv

e 2

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igat

e al

leg

ed im

pro

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nd

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tified

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nalis

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2009

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Page 54

Str

ateg

ic O

bje

ctiv

e 2:

To

en

sure

th

at a

ll al

leg

atio

ns

of

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nve

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ated

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rted

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d a

pp

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med

ial

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on

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en

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bje

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ned

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num

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sign

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ctor

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thro

ugh

lette

rs to

the

• re

leva

nt o

rgan

s of

sta

teon

e re

port

was

follo

wed

up

tele

phon

ical

ly•

one

repo

rt w

as a

n in

terim

rep

ort i

n te

rms

of th

e E

xecu

tive

Mem

bers

•

Eth

ics

Act

82

of 1

998

and

no r

ecom

men

datio

ns w

ere

mad

e an

d th

ere

was

no

need

for

follo

w-u

p

Two

repo

rts:

ther

e w

as n

o ne

ed fo

r fo

llow

-up

as th

e re

com

men

datio

ns

• w

ere

alre

ady

impl

emen

ted

14 r

epor

ts w

ere

sign

ed to

war

ds th

e en

d of

the

last

qua

rter

and

will

be

• fo

llow

ed u

p in

the

next

fina

ncia

l yea

r.

How

ever

, the

sys

tem

is c

urre

ntly

bei

ng e

nhan

ced

to e

nsur

e th

at a

ll re

med

ial a

ctio

n ta

ken

is r

egul

arly

mon

itore

d.

Rea

sons

for

maj

or v

aria

nces


Str

ateg

ic O

bje

ctiv

e 2:

To

en

sure

th

at a

ll al

leg

atio

ns

of

imp

rop

er c

on

du

ct b

y th

e st

ate

and

its

en

titi

es a

re

inve

stig

ated

, re

po

rted

on

an

d a

pp

rop

riat

e re

med

ial

acti

on

tak

en

Str

ateg

ic O

bje

ctiv

e 2

To m

on

ito

r th

e im

ple

men

tati

on

of

reco

mm

end

atio

ns

Su

b-

pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

All

inve

stig

atio

ns

Sub

-pr

ogra

mm

es

Com

plia

nce

with

re

com

men

datio

nsQ

uart

erly

rep

ort o

n th

e im

plem

enta

tion

of

reco

mm

enda

tions

Qua

rter

ly r

epor

t on

the

impl

emen

tatio

n of

re

com

men

datio

ns

Qua

rter

ly r

epor

ts o

n th

e im

plem

enta

tion

of r

ecom

men

datio

ns s

ubm

itted

.

How

ever

, as

stat

ed a

bove

, the

sys

tem

is c

urre

ntly

bei

ng e

nhan

ced

to

ensu

re th

at a

ll re

med

ial a

ctio

n ta

ken

is r

egul

arly

mon

itore

d.

Rea

sons

for

maj

or v

aria

nces

Page 56

Str

ateg

ic O

bje

ctiv

e 3:

To

en

sure

acc

essi

bili

ty o

f th

e P

ub

lic P

rote

cto

r se

rvic

es t

o a

ll p

erso

ns

and

co

mm

un

itie

s

Str

ateg

ic O

bje

ctiv

e 3

To r

aise

aw

aren

ess

of

the

man

dat

e o

f th

e P

ub

lic P

rote

cto

r

Su

b-

pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

Out

reac

hE

mpo

wer

ed

com

mun

ities

Ann

ual r

epor

t on

the

impa

ct o

f th

e aw

aren

ess

prog

ram

me

Ann

ual r

epor

t on

the

impa

ct o

f th

e aw

aren

ess

prog

ram

me

Yea

r-on

-yea

r in

crea

se in

ou

trea

ch a

ctiv

ities

To d

evel

op a

n im

pact

ass

essm

ent

met

hodo

logy

for

the

awar

enes

s pr

ogra

mm

e Y

ear-

on-y

ear

incr

ease

in

out

reac

h ac

tiviti

es-

Act

ivit

ies

20 c

olla

bora

tive

(a) ac

tiviti

es70

info

rmat

ion

(b) se

ssio

ns20

slo

ts o

btai

ned

(c)

on a

com

mun

ity

radi

o st

atio

n20

art

icle

s on

the

(d) P

ublic

Pro

tect

or

man

date

pub

lishe

d in

pro

vinc

ial/

com

mun

ity

new

spap

ers

120

Pub

lic

(e) P

rote

ctor

pos

ters

pu

t up

at k

ey

serv

ice

cent

res

Impa

ct a

sses

smen

t met

hodo

logy

for

the

awar

enes

s pr

ogra

mm

e w

as

deve

lope

d an

d th

e fo

llow

ing

quan

titat

ive

tool

s w

ere

adop

ted

to m

easu

re th

e im

pact

of o

utre

ach

activ

ities

:T

he n

umbe

r of

inf

orm

atio

n se

ssio

ns/w

orks

hops

con

duct

ed t

hrou

ghou

t th

e •

coun

try

and

atte

ndan

ce a

t suc

h in

form

atio

n se

ssio

nsT

he n

umbe

r of

rad

io in

terv

iew

s an

d pr

esen

tatio

ns a

nd t

he li

sten

ersh

ip o

f th

e •

radi

o st

atio

n in

que

stio

nT

he n

umbe

r of

pro

vinc

ial

and

com

mun

ity n

ewsp

aper

art

icle

s co

mm

issi

oned

•

by p

rovi

nces

on

the

man

date

of t

he P

ublic

Pro

tect

or a

nd th

e re

ader

ship

of t

he

new

spap

ers

The

geo

grap

hica

l sp

read

of

outr

each

act

iviti

es s

uch

as c

linic

s, i

nfor

mat

ion

• se

ssio

ns/ w

orks

hops

A s

urve

y qu

estio

n in

clud

ed i

n th

e P

ublic

Pro

tect

or c

ompl

aint

for

ms

whi

ch

• in

dica

tes

the

sour

ces

from

whi

ch C

ompl

aina

nts

get

info

rmat

ion

abou

t th

e P

ublic

Pro

tect

or, e

.g. r

adio

, frie

nds,

new

spap

ers,

TV

, etc

An

indi

catio

n fr

om t

he P

ublic

Pro

tect

or w

ebsi

te o

f ho

w m

any

visi

tors

hav

e •

been

to th

e w

ebsi

teT

he d

iffer

ent

area

s co

vere

d by

the

Mob

ile P

ublic

Pro

tect

or,

Sou

th A

fric

a an

d •

num

ber

of a

ctiv

ities

T

he n

umbe

r of

tim

es in

form

atio

n m

ater

ial a

bout

the

Pub

lic P

rote

ctor

suc

h as

•

post

ers

and

new

slet

ters

are

dis

trib

uted

at

key

serv

ice

cent

res

(mun

icip

aliti

es,

gove

rnm

ent

depa

rtm

ents

, T

huso

ng C

entr

es)

and

the

geog

raph

ical

spr

ead

of

the

dist

ribut

ion

Yea

r-on

-yea

r in

crem

ent o

f Out

reac

h ac

tiviti

es.

• The

out

reac

h aw

aren

ess

activ

ities

are

rev

iew

ed m

onth

ly a

nd th

e fo

llow

ing

wer

e ar

chiv

ed:

81 c

olla

bora

tion

activ

ities

a) 24

5 in

form

atio

n se

ssio

nsb)

48 s

lots

obt

aine

d on

com

mun

ity r

adio

sta

tions

c)

29 a

rtic

les

on th

e P

ublic

Pro

tect

or m

anda

te p

ublis

hed

in a

pro

vinc

ial/

d) co

mm

unity

new

spap

er36

2 po

ster

s pu

t up

at k

ey s

ervi

ce c

entr

es.

e)

The

ann

ual r

epor

t on

the

impa

ct o

f the

aw

aren

ess

prog

ram

me

was

com

pile

d an

d th

e ke

y im

pact

of t

he p

rogr

amm

e is

that

the

Pub

lic P

rote

ctor

act

ually

re

ache

d ou

t to:

5 37

1 pe

ople

thro

ugh

MO

PP

• 28

095

thro

ugh

clin

ics

• 19

525

thro

ugh

info

rmat

ion

• s

essi

ons.

Rea

sons

for

maj

or v

aria

nces


Str

ateg

ic O

bje

ctiv

e 3:

To

en

sure

acc

essi

bili

ty o

f th

e P

ub

lic P

rote

cto

r se

rvic

es t

o a

ll p

erso

ns

and

co

mm

un

itie

s

Str

ateg

ic O

bje

ctiv

e 3

To t

ake

the

serv

ices

of

the

Pu

blic

Pro

tect

or

to c

om

mu

nit

ies

Su

b-

Pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

Out

reac

hTo

take

the

se

rvic

es o

f the

P

ublic

Pro

tect

or

to c

omm

uniti

es

Qua

rter

ly r

epor

t on

the

num

ber

of c

linic

s co

nduc

ted

Ann

ual r

epor

t on

the

num

ber

of c

linic

s co

nduc

ted

Min

imum

of 2

49 c

linic

s co

nduc

ted

per

quar

ter

921

of 9

96 ta

rget

ed c

linic

s co

nduc

ted

as fo

llow

s:N

atio

nal O

ffice

= 4

9 cl

inic

sE

aste

rn C

ape

= 1

06 c

linic

sF

ree

Sta

te =

95

clin

ics

Gau

teng

= 7

6 cl

inic

sK

waZ

ulu-

Nat

al =

98

clin

ics

Lim

popo

= 1

06 c

linic

sM

pum

alan

ga =

63

clin

ics

Nor

ther

n C

ape

= 9

6 cl

inic

sN

orth

Wes

t = 1

57 c

linic

sW

este

rn C

ape

= 7

5 cl

inic

s

A d

ecis

ion

was

take

n by

Man

agem

ent t

o m

inim

ise

the

num

ber

of o

utre

ach

activ

ities

dur

ing

the

last

qua

rter

in o

rder

to r

educ

e th

e ca

ses

on h

and

and

redu

ce c

ompl

aint

s ol

der

than

six

(6)

mon

ths

The

follo

win

g ou

trea

ch e

vent

s w

ere

held

and

the

Pub

lic P

rote

ctor

ad

dres

sed

stak

ehol

ders

on

the

man

date

of t

he P

ublic

Pro

tect

or, S

outh

A

fric

a:B

otsh

abel

o S

tadi

um, M

anga

ung,

18

Feb

ruar

y 20

10

a) R

ecre

atio

nal H

all,

Gal

eshe

we

Tow

nshi

p 23

Feb

ruar

y 20

10

b) B

arol

ong

Com

mun

ity H

all,

Mafi

keng

, 2 M

arch

201

0c)

U

mla

zi V

Sec

tion

Com

mun

ity H

all,

9 M

arch

201

0d)

Mos

es T

web

e ha

ll (D

imba

za T

owns

hip)

11

Mar

ch 2

010

e) D

elft

Com

mun

ity H

all,

Cap

e To

wn,

18

Mar

ch 2

010

f)

Bun

ghen

i Com

mun

ity H

all,

Loui

s T

richa

rdt,

24 M

arch

201

0g)

San

Kop

ano

Cen

tre,

Ale

xand

ra T

owns

hip,

10

Feb

ruar

y 20

10h)

Gle

nmor

e C

omm

unity

Hal

l, C

arol

ina

Tow

n, 3

1 M

arch

201

0i)

Rea

sons

for

maj

or v

aria

nces

Page 58

Str

ateg

ic O

bje

ctiv

e 4:

To

en

sure

th

e ef

fici

ent

and

eff

ecti

ve m

anag

emen

t/ le

ader

ship

of

the

Pu

blic

Pro

tect

or

Str

ateg

ic O

bje

ctiv

e 4

En

sure

au

tom

atio

n o

f b

usi

nes

s sy

stem

s an

d p

roce

sses

Su

b-

pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

Info

rmat

ion

Tech

nolo

gyR

e-en

gine

ered

an

d in

tegr

ated

bu

sine

ss

proc

esse

s,

stab

le a

nd

relia

ble

infr

astr

uctu

re

MS

P r

evie

wed

, ap

prov

ed a

nd

impl

emen

ted

Impl

emen

tatio

n of

the

MS

P m

onito

red

and

eval

uate

d

MS

P r

evie

wed

, ap

prov

ed a

nd

impl

emen

ted.

M

onito

r an

d ev

alua

te

the

impl

emen

tatio

n of

th

e M

SP

Act

ivit

ies

Sta

bilis

e th

e C

ase

a) M

anag

emen

t S

yste

m a

nd

prov

ide

trai

ning

to

the

syst

em u

sers

.D

evel

opm

ent a

nd

b) im

plem

enta

tion

of

the

Offi

ce S

hare

P

oint

sol

utio

n,

incl

udin

g th

e In

tran

etU

pgra

de th

e c)

fin

anci

al s

yste

m –

g

reat

Pla

nes

Reh

ears

als

of th

e d)

Dis

aste

r R

ecov

ery

Pla

n.S

yste

ms

upgr

ade

e) an

d re

liabl

e in

fras

truc

ture

and

re

duce

d do

wnt

ime,

pr

ovid

e A

ctiv

e us

er

Syn

c

MS

P h

as b

een

revi

ewed

, app

rove

d an

d th

e fo

llow

ing

proj

ects

hav

e be

en

impl

emen

ted:

Cas

e M

anag

emen

t fur

ther

dev

elop

ed to

enh

ance

bus

ines

s re

port

ing

a) an

d tr

aini

ng p

rovi

ded

to a

ll us

ers.

How

ever

, CM

S is

stil

l bei

ng d

evel

oped

fu

rthe

r an

d pi

lote

d.D

evel

opm

ent a

nd im

plem

enta

tion

of S

hare

poin

t tec

hnol

ogy.

Tra

inin

g to

b)

all u

sers

will

be

prov

ided

in th

e ne

xt fi

nanc

ial y

ear.

Gre

at P

lane

s fin

anci

al s

yste

m-w

as u

pgra

ded

and

impl

emen

tatio

n is

c)

on

goin

g.R

ehea

rsal

s of

the

Dis

aste

r R

ecov

ery

Pla

n do

ne.

d) T

he V

PN

req

uire

men

ts w

ere

docu

men

ted

and

disc

usse

d w

ith S

ITA

. A

e) P

ropo

sal w

as d

rafte

d by

SIT

A, a

nd d

ue to

fina

ncia

l con

stra

ints

, thi

s ha

s be

en d

efer

red

to th

e ne

xt fi

nanc

ial y

ear.

Rea

sons

for

maj

or v

aria

nces


Str

ateg

ic O

bje

ctiv

e 4:

To

en

sure

th

e ef

fici

ent

and

eff

ecti

ve m

anag

emen

t/ le

ader

ship

of

the

Pu

blic

Pro

tect

or

Str

ateg

ic O

bje

ctiv

e 4

En

sure

go

od

go

vern

ance

Su

b-

pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

Cor

pora

te

Sup

port

S

ervi

ces

Adh

eren

ce

to a

pplic

able

le

gisl

atio

n,

polic

ies

and

corp

orat

e go

vern

ance

pr

inci

ples

and

sy

nerg

y

The

Pub

lic P

rote

ctor

co

mpl

iant

with

all

appl

icab

le le

gisl

atio

n an

d re

gula

tions

Ens

ure

com

plia

nce

with

app

licab

le

legi

slat

ion

and

regu

latio

ns, e

.g.

PF

MA

, Tre

asur

y re

gula

tions

, etc

.

Com

plia

nce

with

app

licab

le le

gisl

atio

n an

d re

gula

tions

, e.g

. PF

MA

, T

reas

ury

regu

latio

ns, e

tc. w

as m

onito

red

and

inci

dent

s of

non

-com

plia

nce

wer

e id

entifi

ed a

nd d

ealt

with

Org

anis

atio

nal

Ris

k M

anag

edE

vide

nce

of

orga

nisa

tiona

l ris

k as

sess

ed a

nd

man

aged

Org

anis

atio

nal

risk

asse

ssed

and

m

anag

ed

Org

anis

atio

nal r

isks

iden

tified

and

mon

itore

d m

onth

ly a

nd r

epor

ted

on

quar

terly

Pro

tect

ion

of

asse

ts a

nd

info

rmat

ion

ensu

red

Evi

denc

e of

sec

urity

m

anag

emen

t pol

icy

revi

ewed

and

cha

nges

im

plem

ente

d

Rev

iew

pol

icy

and

impl

emen

t cha

nges

Sec

urity

man

agem

ent p

olic

y ha

s be

en r

evie

wed

and

cha

nges

are

bei

ng

impl

emen

ted

Cle

an a

udits

m

aint

aine

dC

lean

aud

its

mai

ntai

ned

Cle

an a

udits

m

aint

aine

dU

nqua

lified

aud

it re

port

obt

aine

d

Bes

t pra

ctic

e co

st

man

agem

ent

inst

itutio

nalis

ed

Cos

t mod

el

impl

emen

ted,

re

view

ed a

nd

enha

nced

Cos

t mod

el

impl

emen

ted.

Qua

rter

ly r

epor

t on

the

expe

nditu

re o

n bu

dget

vs

. act

ual p

er li

ne it

em

per

BU

Qua

rter

ly r

epor

ts o

n th

e ex

pend

iture

on

budg

et v

s. a

ctua

l per

line

item

pe

r B

U c

ircul

ated

Rea

sons

for

maj

or v

aria

nces

Page 60

Str

ateg

ic O

bje

ctiv

e 4

: To

en

sure

th

e ef

fici

ent

and

eff

ecti

ve m

anag

emen

t/ le

ader

ship

of

the

Pu

blic

Pro

tect

or

Str

ateg

ic O

bje

ctiv

e 4

En

sure

th

at t

he

org

anis

atio

nal

str

uct

ure

is a

lign

ed t

o s

trat

egy

Su

b-

pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

CE

OO

rgan

isat

iona

l st

ruct

ure

alig

ned

to s

trat

egy

Evi

denc

e of

org

anis

atio

nal

stru

ctur

e al

igne

d to

str

ateg

y

Ens

ure

that

the

orga

nisa

tiona

l str

uctu

re is

al

igne

d to

str

ateg

y

The

org

anis

atio

nal s

truc

ture

was

rev

iew

ed, a

ligne

d to

the

stra

tegy

and

tabl

ed in

Par

liam

ent f

or a

ppro

val

Rea

sons

for

maj

or v

aria

nces

Str

ateg

ic O

bje

ctiv

e 4

Mo

nit

or

an

d e

valu

ate

the

ove

rall

inst

itu

tio

nal

per

form

ance

Su

b-

pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

CE

OT

he P

ublic

P

rote

ctor

pe

rfor

man

ce

alig

ned

to

man

date

Evi

denc

e of

the

Pub

lic

Pro

tect

or p

erfo

rman

ce

mon

itore

d an

d ev

alua

ted

Ens

ure

the

mon

itorin

g an

d ev

alua

tion

of b

usin

ess

perf

orm

ance

Ens

ure

quar

terly

mon

itorin

g an

d ev

alua

tion

of th

e or

gani

satio

n's

annu

al p

lan

Org

anis

atio

nal a

nnua

l pla

n m

onito

red

thro

ugh

quar

terly

re

port

ing

on th

e pe

rfor

man

ce o

f the

str

ateg

ic o

bjec

tives

Rea

sons

for

maj

or v

aria

nces

Str

ateg

ic O

bje

ctiv

e 4:

To

en

sure

th

e ef

fici

ent

and

eff

ecti

ve m

anag

emen

t/ le

ader

ship

of

the

Pu

blic

Pro

tect

or

Str

ateg

ic O

bje

ctiv

e 4

En

sure

th

e im

ple

men

tati

on

of

the

Ser

vice

Del

iver

y C

har

ter

Su

b-

pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

Exe

cutiv

e S

uppo

rtA

ligni

ng th

e P

ublic

Pro

tect

or

to th

e S

ervi

ce

Del

iver

y C

hart

er

Evi

denc

e of

the

impl

emen

tatio

n of

the

Ser

vice

Del

iver

y C

hart

er

Ser

vice

Del

iver

y C

hart

er

revi

ewed

Ens

ure

the

impl

emen

tatio

n of

th

e S

ervi

ce D

eliv

ery

Cha

rter

R

evie

w th

e S

ervi

ce D

eliv

ery

Cha

rter

The

Ser

vice

Del

iver

y C

hart

er w

as n

ot im

plem

ente

d an

d re

view

ed

Rea

sons

for

maj

or v

aria

nces

The

rev

iew

of t

he S

ervi

ce D

eliv

ery

Cha

rter

was

def

erre

d to

the

next

fina

ncia

l yea

r in

ord

er to

ens

ure

that

the

stra

tegy

add

ress

es th

e ne

eds

of

stak

ehol

ders

and

is e

nhan

ced

with

the

inp

uts

obta

ined

dur

ing

stak

ehol

der

cons

ulta

tions


Str

ateg

ic O

bje

ctiv

e 4

Inst

itu

tio

nal

ise

org

anis

atio

nal

mem

ory

, re

sear

ch a

nd

kn

ow

led

ge

pro

du

cts

Su

b-

pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

Kno

wle

dge

Man

agem

ent

Org

anis

atio

nal

mem

ory,

re

sear

ch a

nd

know

ledg

e pr

oduc

ts

inst

itutio

nalis

ed

Inte

grat

ed s

trat

egy

on

orga

nisa

tiona

l mem

ory,

re

sear

ch a

nd k

now

ledg

e pr

oduc

ts

Mon

itor

and

eval

uate

the

impl

emen

tatio

n of

the

stra

tegy

R

evie

w a

nd e

nhan

ce th

e st

rate

gy

Kno

wle

dge

Man

agem

ent

stra

tegy

impl

emen

ted

and

mon

itore

d th

roug

h qu

arte

rly

repo

rts.

All

ha

rd

copi

es

of

repo

rts

from

in

vest

igat

ors

and

prov

ince

s co

llect

ed a

nd s

cann

ed fo

r in

clus

ion

in S

hare

poin

t

Rea

sons

for

maj

or v

aria

nces

Str

ateg

ic O

bje

ctiv

e 5:

To

en

sure

a h

igh

-per

form

ance

cu

ltu

re b

y at

trac

tin

g a

nd

ret

ain

ing

hig

hly

co

mp

eten

t an

d s

kille

d in

div

idu

als

Str

ateg

ic O

bje

ctiv

e 5

Inte

gra

ted

HR

str

ateg

y an

d p

olic

ies

imp

lem

ente

d

Su

b-

pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

Hum

an

Res

ourc

esB

est p

ract

ice

appr

oach

to

man

agin

g H

uman

R

esou

rces

App

rova

l, co

mm

unic

atio

n an

d im

plem

enta

tion

of th

e H

R p

olic

ies

Evi

denc

e of

HR

str

ateg

y an

d po

licie

s re

view

ed a

nd

enha

nced

HR

pol

icie

s ap

prov

ed,

com

mun

icat

ed a

nd

impl

emen

ted

The

HR

Sta

ff M

anua

l was

dra

fted

and

appr

oved

on

11 A

ugus

t 20

09. I

nfor

mat

ion

sess

ions

on

HR

pol

icie

s w

ere

cond

ucte

d in

al

l offi

ces

as fo

llow

s:Li

mpo

po: 1

– 2

Oct

ober

200

9a)

Mpu

mal

anga

: 24

– 25

Nov

embe

r 20

09b)

Nor

th W

est:

9 –

10 D

ecem

ber

2009

c)

Nor

ther

n C

ape:

25

– 26

Jan

uary

201

0d)

Fre

e S

tate

: 28:

– 2

9 Ja

nuar

y 20

10e)

Wes

tern

Cap

e: 1

1 –

12 F

ebru

ary

2010

f)

Kw

aZul

u-N

atal

: 18

– 19

Feb

ruar

y 20

10g)

Gau

teng

(in

clud

ing

Mab

opan

e): 2

3 –

24 F

ebru

ary

2010

h) N

atio

nal O

ffice

(in

clud

ing

Siy

abus

wa

and

Rus

tenb

urg)

:i)

10

–11

Mar

ch 2

010

Rea

sons

for

maj

or v

aria

nces

Page 62

Str

ateg

ic O

bje

ctiv

e 5:

To

en

sure

a h

igh

-per

form

ance

cu

ltu

re b

y at

trac

tin

g a

nd

ret

ain

ing

hig

hly

co

mp

eten

t an

d s

kille

d in

div

idu

als

Str

ateg

ic O

bje

ctiv

e 5

Inst

il a

con

du

cive

en

viro

nm

ent

to s

up

po

rt a

hig

h-p

erfo

rman

ce c

ult

ure

Su

b-

Pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

Hum

an

Res

ourc

esP

erfo

rman

ce

man

agem

ent

inst

illed

in th

e or

gani

satio

nal

etho

s

Sig

ned

annu

al p

erfo

rman

ce

agre

emen

ts a

ligne

d to

op

erat

iona

l pla

ns

Sig

ned

annu

al p

erfo

rman

ce

agre

emen

ts a

ligne

d to

op

erat

iona

l pla

ns

Per

form

ance

Man

agem

ent a

nd D

evel

opm

ent S

yste

m

revi

ewed

and

impl

emen

ted.

Per

form

ance

Agr

eem

ents

sig

ned

by m

ost s

taff

exce

pt n

ew a

ppoi

ntee

s.

Rea

sons

for

maj

or v

aria

nces

2.3.

5 S

trat

egic

Ob

ject

ive

5: T

o e

nsu

re a

hig

h-p

erfo

rman

ce c

ult

ure

by

attr

acti

ng

an

d r

etai

nin

g h

igh

ly c

om

pet

ent

and

ski

lled

ind

ivid

ual

s

Str

ateg

ic O

bje

ctiv

e 5

En

sure

th

at t

he

org

anis

atio

nal

val

ues

are

dis

pla

yed

in t

he

beh

avio

ur

of

emp

loye

es

Su

b-

pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

rs20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

Hum

an

Res

ourc

esO

rgan

isat

iona

l co

re v

alue

s di

spla

yed

in th

e be

havi

our

of

staf

f

Org

anis

atio

nal c

ore

valu

es

disp

laye

d in

the

beha

viou

r of

st

aff

Rev

iew

cod

e of

con

duct

and

co

nduc

t wor

ksho

pD

efer

red

to 2

010/

11 d

ue to

bud

get c

onst

rain

ts.

The

Nat

iona

l S

ympo

sium

to

alig

n in

vest

igat

ions

to

the

new

vi

sion

and

val

ues

was

hel

d on

27

Mar

ch 2

010

Rea

sons

for

maj

or v

aria

nces


Str

ateg

ic O

bje

ctiv

e 5:

To

en

sure

a h

igh

-per

form

ance

cu

ltu

re b

y at

trac

tin

g a

nd

ret

ain

ing

hig

hly

co

mp

eten

t an

d s

kille

d in

div

idu

als

Str

ateg

ic O

bje

ctiv

e 5

Fu

rth

er d

evel

op

men

t, r

evie

w a

nd

imp

lem

enta

tio

n o

f th

e E

mp

loye

e W

elln

ess

Pro

gra

mm

e

Su

b-

Pro

gra

mm

eO

utp

uts

/O

utc

om

eM

easu

res

/ In

dic

ato

r20

09/1

0 Ta

rget

Act

ual

per

form

ance

ag

ain

st t

arg

et

Hum

an

Res

ourc

esP

rodu

ctiv

e an

d he

alth

y em

ploy

ees

Qua

rter

ly r

epor

t on

the

impl

emen

tatio

n an

d im

pact

of

the

Wel

lnes

s an

d D

isea

se

Man

agem

ent P

rogr

amm

e E

vide

nce

of th

e W

elln

ess

and

Dis

ease

Man

agem

ent

Rep

ort a

nnua

lly o

n th

e im

plem

enta

tion

and

impa

ct

of th

e W

elln

ess

and

Dis

ease

M

anag

emen

t Pro

gram

me

Wel

lnes

s an

d D

isea

se

Man

agem

ent P

rogr

amm

e re

view

ed a

nd e

nhan

ced

Det

aile

d qu

arte

rly re

port

on

the

Wel

lnes

s P

rogr

amm

e su

bmitt

ed

to t

he E

xecu

tive

Com

mitt

ee a

nd a

gen

eral

rep

ort

pres

ente

d to

th

e M

anag

emen

t Com

mitt

ee

Sta

ff w

orks

hops

con

duct

ed o

n D

isea

se M

anag

emen

t P

rogr

amm

e an

d Li

fe S

kills

Man

agem

ent;

Hea

lth A

war

enes

s D

ay a

rran

ged

and

Wor

ld A

IDS

Day

com

mem

orat

ed a

t all

the

Pub

lic P

rote

ctor

offi

ces

Rea

sons

for

maj

or v

aria

nces

Page 64

MA

NA

gE

ME

NT

Adv Christoffel FourieExecutive Manager

National Investigations

Jevio MculuChief Financial Officer

Reginald ndouExecutive Manager

Outreach

Dr Tinus SchutteExecutive Manager

Intake & Early Resolution

Ponatshego MogaladiSenior Manager

Strategic Support

Kgalalelo MasibiSenior Manager Communications

Charles MotauSenior Manager

Information Technology

Sebaba LentsoaneSenior Manager

Human Resources

Zoleka MntumtumSenior Manager

Facility Management & Auxillary Services

Elsabe De WaalChief Investigator -


Sechele KeebineChief Investigator


Sello MothupiSenior Manager

Provincial Investigations & Co-ordination

Adv Thembi BokakoSenior Manager

Executive Support

Mlandeli nkosiKwaZulu-Natal Provincial

Representative

Adv Johan RaubenheimerNorth-West Provincial

Representative

Sibekuza DubeMpumalanga Provincial

Representative

Lesedi SekeleGauteng Provincial

Representative

Adv nomsa ThomasEastern Cape

Provincial Representative

Suné GriesselFree State Provincial

Representative

Botromia SitholeNorthern Cape Provincial

Representative

Adv Ruthven Janse van RensburgWestern Cape

Provincial Representative

Sphelo SamuelLimpopo Provincial

Representative


2.3. HUMAN RESOURCE MANAgEMENT AND DEvELOPMENT

2.3.1 EMPLOYMENT AND vACANCIES

The following tables summarise the number of posts in the establishment, the number of employees, the vacancy

rate, and whether there are any staff that are additional to the establishment. This information is presented in terms of

three key variables: programme (Table 2.4.1.1), salary band (Table 2.4.1.2) and critical occupations (Table 2.4.1.3).

The Public Protector, South Africa has identified critical occupations that need to be monitored. Table 2.4.1.3 provides

establishment and vacancy information for the key critical occupations of the department.

The vacancy rate reflects the percentage of posts that are not filled.

TABLE 2.3.1.1: Employment and vacancies by programme, 31 March 2010

Programme number of posts

number of posts filled

Vacancy rate number of posts filled additional to the establishment

The Public Protector 267 255 4.5% 0

Total 267 255 4.5% 0

TABLE 2.3.1.2: Employment and vacancies by salary bands, 31 March 2010

Salary band number of posts



Lower skilled (Levels 1-2) 0 0 0 0

Skilled(Levels 3-5)

77 71 7.7% 0

Highly skilled production(Levels 6-8)

518 498 3.9% 0

Highly skilled supervision (Levels 9-12)

114 1108 3.5% 0

Senior management (Levels 13-16)

25 25 0% 0

8 The variation between the 2008/9 financial year and the 2009/10 financial year in the number of posts in each level is due to the fact that

investigators’ salaries were adjusted from level 8 to level 9, hence the discrepancy between levels 6-8 and 9-12.

Page 66

TABLE 2.3.1.3: Employment and vacancies by critical occupation, 31 March 2010

Critical occupations number of posts



Public Protector 1 1 0% 0

Deputy Public Protector 1 1 0% 0

Chief Executive Officer 1 1 0% 0

Executive Manager: PICU 1 0 100% 0

Executive Manager: Intake and Early Resolution

1 1 0% 0

Executive Manager: Outreach

1 1 0% 0

Executive Manager: National Investigation

1 1 0% 0

Senior Manager HRM & D 1 1 0% 0

Senior Manager: IT 1 1 0% 0

Total 9 8 11% 0

The information in each case reflects the situation as at 31 March 2010.

2.3.2 Job evaluation

The Public Service Regulations, 1999, introduced job evaluation as a way of ensuring that work of equal value is

remunerated equally. Within a nationally determined framework, executing authorities may evaluate or re-evaluate

any job in his or her organisation. In terms of the Regulations all vacancies on salary levels 9 and higher must

be evaluated before they are filled. This was complemented by a decision by the Minister for Public Service and

Administration that all SMS jobs must be evaluated before 31 December 2002.

Table 2.3.2.1 summarises the number of jobs that were evaluated during the year under review. The table also

provides statistics on the number of posts that were upgraded or downgraded.


TABLE 2.3.2.1: Job Evaluation, 1 April 2009 to 31 March 2010

Salary band number of posts

number of jobs

evaluated

% of posts

evaluated by salary

bands

Posts upgraded Posts downgraded

Number % of posts

evaluated

Number % of posts

evaluated

Lower skilled (Levels 1-2)

0 0% 0 0% 0 0%

Skilled (Levels 3-5) 2 7.69% 1 16.7% 0 0%

Highly skilled production (Levels 6-8)

3 11.5% 2 33.3% 0 0%


8 30.76% 0 0% 0 0%

Senior Management Service Band A

7 27% 1 16.7% 1 100%

Senior Management Service Band B

6 23% 2 33.3% 0 0%

Senior Management Service Band C

0 0% 0 0% 0 0%

Senior Management Service Band D

0 0% 0 0% 0 0%

Total 26 100% 6 100% 1 100%

Table 2.3.2.2 provides a summary of the number of employees whose salary positions were upgraded due to

their posts being upgraded. The number of employees may differ from the number of posts upgraded since not all

employees are automatically absorbed into the new posts and some of the posts upgraded could also be vacant.

TABLE 2.3.2.2: Profile of employees whose salary positions were upgraded due to their posts being upgraded,

1 April 2009 to 31 March 2010

Beneficiaries African Asian Coloured White Total

Female N/A N/A N/A N/A N/A

Male

Total n/A n/A n/A n/A n/A

Employees with a disability

Table 2.3.2.3 summarises the number of cases where remuneration levels exceeded the grade determined by job

evaluation. Reasons for the deviation are provided in each case.

Page 68

TABLE 2.3.2.3: Employees whose salary level exceeded the grade determined by job evaluation, 1 April 2009

to 31 March 2010 (in terms of PSR 1.V.C.3)

Occupation number of employees

Job evaluation level

Remuneration level

Reason for deviation

Deputy Public Protector

1 15 15 Last notch of Deputy Director-General

Chief Executive Officer 1 15 15 Last notch of Deputy Director-General

Senior Manager: HRM&D

1 13 13 Appointment salary in 2007 on personal notch

Senior Manager: IT 1 13 13 Appointment salary in 2007 on personal notch

Manager: SCM 1 12 12 Counter-offer to retain skill

Total Number of employees whose salaries exceeded the level determined by job evaluation in 2009/10

5

Percentage of total employment 2%

Table 2.3.2.4 summarises the beneficiaries of the above in terms of race, gender, and disability.

TABLE 2.3.2.4: Profile of employees whose salary level exceeded the grade determined by job evaluation,

1 April 2009 to 31 March 2010 (in terms of PSR 1.V.C.3)

Beneficiaries African Asian Coloured White Total

Female 1 0 0 0 1

Male 4 0 0 0 4

Total 5 0 0 0 5

Employees with a disability

Total number of Employees whose salaries exceeded the grades determined by job evaluation in 2009/10

2.3.3 EMPLOYMEnT CHAnGES

This section provides information on changes in employment over the financial year.

Turnover rates provide an indication of trends in the employment profile of the Public Protector, South Africa. The

following tables provide a summary of turnover rates by salary band (Table 2.3.3.1) and by critical occupations (Table

2.3.3.2). (These "critical occupations" should be the same as those listed in Table 2.3.3.3).


TABLE 2.3.3.1: Annual turnover rates by salary band for the period 1 April 2009 to 31 March 2010

Salary band number of employees per

band as on 1 April 2009

Appointments and transfers

into the department

Terminations and transfers

out of the department

Turnover rate

Lower skilled (Levels 1-2) 0 0 0 0%

Skilled (Levels 3-5) 74 10 10 13.5%


96 8 9 9.3%


54 12 4 7.4%

Senior Management Service Band A

16 1 1 6.25%

Senior Management Service Band B

4 1 1 25%

Senior Management Service Band C

2 0 0 0%

Senior Management Service Band D

1 1 1 100%

Total 247 33 26 10.52%

TABLE 2.3.3.2: Annual turnover rates by critical occupation for the period 1 April 2009 to 31 March 2010

Occupation number of employees per occupation as on 1 April 2009

Appointments and transfers

into the department

Terminations and transfers

out of the department

Turnover rate

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

Total n/A n/A n/A n/A

Table 2.3.3.3 identifies the major reasons why staff left the department.

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TABLE 2.3.3.3: Reasons why staff left the department

Termination type number % of total

Death 0 0%

Resignation 19 73%

Expiry of contract 6 23%

Dismissal – operational changes 0 0%

Dismissal – misconduct 0 0%

Dismissal – inefficiency 0 0%

Discharged due to ill health 0 0%

Retirement 1 4%

Transfers to other public service departments 0 0%

Other 0 0%

Total 26 100%

Total number of employees who left as a % of the total employment 10.52%

TABLE 2.3.3.4: Promotions by critical occupation

Occupation Employees as at 1 April 2009

Promotions to another salary

level

Salary level promotions

as % of employees by

occupation

Progressions to another

notch within a salary level

notch progressions

as % of employees by

occupation

N/A N/A N/A N/A N/A

N/A N/ A N/A N/A N/A

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A

N/A N/A N/A N/A N/A



TABLE 2.3.3.5: Promotions by salary band

Salary band Employees 1 April 2009

Promotions to another salary level

Salary band promotions

as a % of employees by

salary level

Progressions to another

notch within a salary level

notch progressions

as % of employees by salary band

Lower skilled (Levels 1-2)

N/A N/A N/A N/A N/A

Skilled (Levels 3-5) N/A N/A N/A N/A N/A


N/A N/A N/A N/A N/A


N/A N/A N/A N/A N/A

Senior management (Levels 13-16)

N/A N/A N/A N/A N/A


2.3.4 EMPLOYMEnT EqUITY

The tables in this section are based on the formats prescribed by the Employment Equity Act 55 of 1998.

2.3.4.1 Total number of employees (including employees with disabilities) in each of the following

occupational categories as on 31 March 2010

Occupational categories (SASCO)

Male Female Total

African Coloured Indian White African Coloured Indian White

Legislators, senior officials and managers

11 0 0 4 8 0 0 2 25

Professionals 61 3 2 2 34 2 3 3 110

Technicians and associate professionals

17 0 0 0 26 1 1 4 49

Clerks 17 0 0 0 43 5 3 3 71

Service and sales workers

0 0 0 0 0 0 0 0 0

Skilled agriculture and fishery workers

0 0 0 0 0 0 0 0 0

Craft and related trades workers

0 0 0 0 0 0 0 0 0

Plant and machine operators and assemblers

0 0 0 0 0 0 0 0 0

Elementary occupations 0 0 0 0 0 0 0 0 0

Total 106 3 2 6 111 8 7 12 255

Employees with

disabilities

1 0 0 0 0 0 0 1 2

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2.3.4.2 Total number of employees (including employees with disabilities) in each of the following

occupational bands as on 31 March 2010

Occupational bandsMale Female

African Coloured Indian White African Coloured Indian White Total

Top management 1 0 0 0 2 0 0 0 3

Senior management 10 0 0 4 6 0 0 2 22

Professionally qualified and experienced specialists and mid-management

61 3 2 2 34 2 3 3 110

Skilled technical and academically qualified workers, junior management, supervisors, foremen and superintendents

17 0 0 0 26 1 1 4 49

Semi-skilled and discretionary decision making

17 0 0 0 43 5 3 3 71

Unskilled and defined decision making

0 0 0 0 0 0 0 0 0

Total 106 3 2 6 111 8 7 12 255

2.3.4.3 Recruitment for the period 1 April 2009 to 31 March 2010

Occupational bands Male Female

African Coloured Indian White African Coloured Indian White Total

Top management 0 0 0 0 1 0 0 0 1

Senior management 1 0 0 0 1 0 0 0 2

Professionally qualified and experienced specialists and mid-management

9 0 0 0 3 0 0 0 12

Skilled technical and academically qualified workers, junior management, supervisors, foremen and superintendents

5 0 0 0 3 0 0 0 8

Semi-skilled and discretionary decision making

2 0 0 0 7 0 0 1 10

Unskilled and defined decision making

0 0 0 0 0 0 0 0 0

Total 17 0 0 0 15 0 0 1 33

Employees with disabilities 0 0 0 0 0 0 0 0 0

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