Correctional Services on dismissal of former Eastern Cape
Commissioner

Arbitrator confirms the dismissal of former Eastern Cape
Commissioner

24 July 2006

It is now final; the former Eastern Cape Regional Commissioner of
Correctional Services, Mr Rapepheng Mataka’s dismissal for defrauding the
Department of about R35 000 has been confirmed by the arbitrator after a
protracted challenge of what he believed to be an unfair dismissal in September
2004.

After a briefing of the management of Correctional Services at its regular
meeting in Pretoria today, National Commissioner Linda Mti said the decision
vindicated the position of the Department and helped to send “a clear message
to everyone within and outside of the Department that we are closing in on
fraudsters and some corrupt elements in correctional services.”

Mr Mataka had claimed R62 013 71 for the 22 794 official kilometres he said
he had travelled in line with the Senior Management Service (SMS) manual while
in fact only 9 661 official kilometres should have been claimed. During the
disciplinary case Mr Mataka had accepted responsibility for what he called
claiming as though he used the “big engine car” while he had travelled the
additional kilometres using a smaller car. This is contrary to the regulations
governing the SMS.

The Department instituted internal disciplinary proceedings that were
concluded with the affirmation of the dismissal decision by the Minister on
appeal in September 2004. Mr Mataka challenged the dismissal and the protracted
process has now been concluded with the arbitrator confirming that the
dismissal was “substantively fair”. The arbitrator also found that the “actual
prejudice suffered as a result of the procedural breach” caused by delays in
finalising the case and refusal of legal representation was “minimal”.
Describing the procedural breaches as “not excessive”, the arbitrator granted
Mr Mataka only one month’s compensation.

Commissioner Mti also appreciated the Department’s improved capacity to deal
with and conclude disciplinary cases against officials charged for fraud and
corruption, as already 18 dismissals were effected since the beginning of
January 2006. He committed the Department to continue with the “naming and
shaming” of officials caught and found guilty of fraud and corruption as part
of the Department’s zero tolerance towards corruption.

The dismissal is one in a series of sanctions increasingly applied by
Correctional Services over the past few years in its effort to build an ethical
and a secure correctional system from the ashes of a corrupt and secretive
prison service that characterised decades of minority regimes in South Africa.
Internal investigation and code enforcement capacity were built and supported
by a range of partnerships with among others the Special Investigation Unit
(SIU), which collectively saved over half a billion rands over the past few
years.

Enquiries:
Manelisi Wolela
Tel: (012) 3058205
Cell: 083 626 0304

Issued by: Department of Correctional Services
24 July 2006

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