Provincial
Legislature: 29 November 2006
Honourable Speaker
The Department of Agriculture and Environmental Affairs has proved
to be the single most complex and troublesome handful for SCOPA in
the life of the current Parliament. The Chair of SCOPA gave the best
summary of the situation in The Witness on 19 October 2006, where
she was quoted as saying: “There are no proper financial controls;
over-expenditure, irregular expenditure, inaccurate financial
statements and many other discrepancies show that there is a direct
contravention of the PFMA.”
This statement captures some of the problems which are widespread in
the Department, as documented in the Auditor-General’s Report for
the financial years 2004/2005 and 2005/2006, as well as in a host of
related SCOPA resolutions. The Auditor-General’s Reports are based
on tests and samples which were audited. Even so, the formidable
result, given the shocking circumstances, gave Parliament almost
nothing to apply its oversight role onto.
This is because the financial figures and other information were
consistently incorrect. The documentation to verify the figures and
expenditure could not be supplied. There was an overwhelming
presence of irregular transactions and dubious procurement as well
as of overwhelming mismanagement of finances and staff. As a result,
the Auditor-General could not even form an audit opinion and was
forced to bring out an audit disclaimer. This disclaimer is the
second in as many years.
Even with two disclaimers, a well-known and documented
over-expenditure on unfunded projects and against the grain of a
number of SCOPA resolutions, the Department proceeded with this
trend during the current financial year, as if nothing has happened.
Over-expenditure on salaries and unfunded projects, irregular
expenditure, irregular procurement, irregular agreements and
contracts entered into without funding and without following the
required procedures and irregular appointment of staff – all this
has carried on unabatedly.
The interesting part is, of course, that this has been happening
without Parliament knowing for more than two years. We all want to
know how this was possible. It is now crystal clear that the
Accounting Officer deliberately misled Members of Parliament. He
even made statements under oath during SCOPA meetings which were
false.
For example, under oath during SCOPA on 18 October 2006, he
indicated that the decisions concerning the Mjindi and Ntingwe
projects were taken before his appointment. This is an obvious
falsehood. As both projects have been closely micro-managed and, at
the same time, manipulated and abused by the Accounting Officer from
their outset.
Another example: The HOD reported to SCOPA that the suspended senior
management staff in his Department refuse to attend their
disciplinary hearings, are constantly sick and use this as an
excuse. This is not a true reflection of the situation. Only one of
the suspended individuals was sick on only one occasion. This
absence was supported by a medical certificate. This is hardly a
trend the HOD has made it out to be before SCOPA.
The bottom line is that Parliament has been consistently misled over
the past two and a half years. It is abundantly clear that the
Public Finance Management Act and the Public Service Act have been
seriously breached on many occasions by the Accounting Officer and
his Department. Many of the transgressions and irregularities have
been documented in the Auditor General’s reports but these may well
be just a hint of what has been perpetrated.
We, as Parliamentarians, have the responsibility of oversight. This
means that we have the responsibility to see to it that the citizens
of KwaZulu-Natal receive the best value for their tax rands within
the prescripts of the applicable legislation and regulations. We are
bound by these laws and we must act wherever they are blatantly
transgressed. The laws and regulations transgressed in the
Department of Agriculture. Let us act.
I thank you.
Contact:
Sipho Mbatha
082 971 5849