PORTFOLIO COMMITTEE PRESENTATION:

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PORTFOLIO COMMITTEE PRESENTATION BREAKDOWN OF
CLAIMS AGAINST DCS 2007/08 DEPARTMENT OF
CORRECTIONAL SERVICES (DCS)
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PURPOSE OF PRESENTATION

• To brief the Portfolio Committee on the
  following
• Litigation Claims against the Department of
  Correctional Services (DCS)
• The Challenges faced by the Department
• Interventions to reduce litigation and
• Progress report Investigation on the irregular
  spending on services related to the advertising
  of the DCS.

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BREAKDOWN OF CLAIMS
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BREAKDOWN OF CLAIMS
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BREAKDOWN OF CLAIMS
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BREAKDOWN OF CLAIMS
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BREAKDOWN OF CLAIMS
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BREAKDOWN OF CLAIMS
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BREAKDOWN OF CLAIMS
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BREAKDOWN OF CLAIMS


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BREAKDOWN OF CLAIMS


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BREAKDOWN OF CLAIMS


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Claims National Claims National Claims National
  Claim Amount paid/received
Assault R 50,493,733.60 R 477,069.11
Breach of Contract R 4,367,181.69 R 0.00
Medical Costs R 534,655.16 R 0.00
Motor accidents R 2,632,636.95 R 42,166.94
Damage to Property R 2,054,443.80 R 666.00
Unlawful Detention R 17,846,769.74 R 9,300.00
Pain and Suffering R 7,489,323.00 R 0.00
Salary R 1,428,320.32 R 0.00
Lost Property R 141,395.00 R 0.00
Legal Cost R 100,000.00 R 0.00
Rape R 5,500,000.00 R 0.00
Death of Family member R 220,000.00 R 0.00
Claims by DCS R -349,161.71 R 349,161.71
Total R 92,459,297.55 R 878,363.76
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CHALLENGES FACING DCS ON LITIGATION

• Managers not ensuring compliance with policies of
  the Department.
• Managers failing to take proper action against
  employees transgressing against legislation and
  policies of the Department and government.
• Department has no control over period it takes to
  finalize the matter.
• Use of manual database cumbersome and not
  cost-saving.
• Proper library for Legal Services.
• Increase capacity of legal staff.

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WHAT IS DCS DOING TO REDUCE CLAIMS?

• Workshops on prominent legal issues and decided
  case affecting the Department.
• Where fault is attributable to the officials
  gross negligence claim to be made against his or
  her salary / pension fund.
• Timeous response to letters of demands .
• Monitor litigation trends and develop strategies
  to deal with prominent legal issues.
• DCS currently developing an electronic database
  system to enable monitoring of cases and trends.
• Continuous research on case law and legislation
  to properly advise decision-makers.
• Alignment of structure will address the problem
  of capacity in Legal Services.

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PROGRESS REPORT IRREGULAR SPENDING ON SERVICE
RELATED TO ADVERTISING DCS ON THE INTRANET

• Investigation completed.
• Findings
• - No approval to dispense with competitive
  bidding process was obtained from delegated
  authority.
• - Director committed an act of financial
  misconduct in terms of section 81 (1) (b) of the
  PFMA. Written warning to be given against the
  official.
• - Deputy Director committed the financial
  misconduct by irregularly procuring a service
  without following procurement procedures.
• - Deputy Director resigned.