To date, 125 individuals have been subjected to punitive processes.
Makhura said this showed that his office was serious about building a clean and accountable administration. The premier had been accused by the Democratic Alliance (DA) of having no political will to fight corruption. DA Chief Whip in the Gauteng Provincial Legislature, Mike Moriarty said Makhura had tried to spin his way out of questions demanding why so few government officials were criminally charged for financial misconduct while others remained largely unpunished during the 2014/15 financial year.
The DA had quizzed the premier over findings by the Public Service Commission, that only three percent of provincial government officials involved in 122 cases of financial misconduct amounting to R67 million were facing criminal charges.
In response, Makhura said Moriarty should acknowledge that his administration had been firm in taking disciplinary action against officials involved in financial misconduct. “It for this reason that we have subjected 125 individuals to disciplinary processes.
“Before a criminal or civil matter can be opened [at the police], the officials must be subjected to an internal disciplinary hearing first and this must run its full course, including appeal processes. With regard to the 122 cases, there is only one case of a head of department which is going through a stage that will lead to the laying of criminal charges,” Makhura said.
He stated that it was important to take note that officials could only be charged criminally upon conclusion of a disciplinary hearing, and when the presiding officer had issued a sanction that the official was guilty of financial misconduct.
“However, officials use the provisions of the law to delay and appeal the outcomes of disciplinary processes,” he added.
“Although we have taken steps to ensure we act against officials involved in financial misconduct, the provincial government cannot short-circuit the finalisation of the disciplinary processes, which must lead to the laying of criminal charges. We are bound by the law.”
But Moriarty disagreed with the premier. “If criminal conduct is suspected, criminal charges must be laid, and police must investigate. There is no legal precedent that forces government to complete internal procedures before pressing criminal charges – unless the premier doubts the police’s ability to sufficiently investigate such charges,” he said.
Makhura said he had instructed MECs to ensure that once cases were finalised, appropriate action should be taken to report cases to the police and to recover the money.
