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A recent report to KwaZulu-Natal’s (KZN’s) Scopa portfolio committee - as part of the 2022 PFMA Audit Outcome hearings - has revealed that the Office of the Premier (OTP) forensic investigations unit is sitting on 73 unresolved cases amid a growing backlog. This as accountability and consequence management grinds to a halt under the province’s ANC-run government.

According to the report (view here and here), as of 1 July 2023, there were 74 investigations underway. A 30 September update reveals that only six had been finalised since then. This while cases continued to roll in, bringing the total back to 73.

The DA has consistently stated that this unit cannot and should not deal with forensic investigations. It lacks both the capacity and the political will to do so. Instead, it should be decentralised and departments capacitated to deal with matters in a professional and timeous manner.

The report further reveals KZN’s Department of Agriculture and Rural Development (DARD), Department of Public Works (DPW), Department of Economic Development, Tourism and Environmental Affairs (EDTEA) and Department of Transport (DoT) are the main offenders in terms of forensic probes.

The DA remains concerned by the average turnaround time within the unit. With only seven cases concluded on average, each quarter, it will take years for 73 cases and a growing backlog to be dealt with.

The report also reveals several specific instances where justice is being delayed:

• One relates to a staff member within the forensic unit who was charged on 29 November 2022 with bringing the name of the OTP disrepute. In this instance, a disciplinary hearing only took place on 28 September 2023, with the matter now adjourned to 2 November 2023

• Another concerns a staff member charged on 12 May 2022 for the abuse of a state vehicle, yet the hearing was only concluded on 8 September 2023 while the Chairperson’s findings are still awaited and;

• Two cases, involving a Finance department staff member and three Supply Chain management (SCM) staff members have been ongoing since 17 January 2020 with the matter only commencing on 28 July 2020 – six months later. The cases were only heard in the Labour Court on 16 August 2023 and currently, judgement is still pending.

Labour Law states that employers must deal with issues within a reasonable timeframe. Years on end cannot be described as reasonable, particularly if any of these individuals were suspended. Justice is also denied for those who may be falsely accused. They should not have to endure a protracted procedure to clear their names.

In March 2022, a parliamentary reply to the DA revealed that that there were 85 ongoing investigations within the unit – some going back as far as 2016. This is clear evidence of ongoing dismal performance and the DA will today submit written parliamentary questions to establish the reasons for this.

Provincial government exists to serve the people of KZN. In 2024, when the DA is in government, we will ensure full accountability and consequence management for those who do not fulfil this mandate.

Issued by Elma Rabe, MPL - DA KZN Spokesperson on the Office of the Premier/Royal Household