Depanmem \ndependenl Pohce Mweshgawe Duec'oraxe REPUBUC or scum AFRICA =Vualeing9M Pve'ova um 'Mvambas'me' cw. am #314sz 'er BM 1mg mma MEMORANDUM TO MR Kl KGAMANYANE ACTING-EXECUTIVE DIRECTOR FROM . MR AMAR MAHARAJ MANAGER DATE . 29 JANUARY 2016 SUBJECT CONFIDENTIAL UNPROFESSIONAL CONDUCT sv-- -- 1' PURPOSE: To Worm the Dream 01 unprovesslonar megular and un'awhfl Conduct by- -- compromwses the mtegmy a! the PD Etmcs Office and results In a lack 0V trust by Sta" and stakeho'ders ANNEXURES 21 (A) Ema" 2 2(5) Us! a! me: as per F'roleded Disclosure made b_ mclude case summanes 2 3 (C) EmaH H) --02/03/2015 summarles oi cases and currem status as verwhed by \mernaHy 3 AS {he formev Emms and Risk Manager and new Ethics Manager have wnnessed a number ms|ances ov unprolessxona' and wegu'ar and un'awiu' conduct by the-- ma has lefl me Mabbergas1ed The comma and resolve ofthe-- shou'd be \mpeccab'e and above reproach However, as per the lollawrng examples I conduct that ls not the Values of, Mutual Respect and Trusty lntegnty and Honesty, Transparency and Openness Equlty ano Falrness, and and on Report Io amps Office by--Adjustment Claims. Following a telephomc complalnt on 26 January 2016 a repon was made to my otlrce by an lF'lD secunty servlce provtder' -- who sent to me a senes of ematls adjustment olalms to the srnce 2014 As per the last emall recelved by -- document was enclosed wherern an agreement was reached between the ano-- -slgned by--lrom the lepopo since ln terms ol the agreement. dated 17 July 2015 the has to pay--the sum ol-- As per the complalnt lrom_ payment has yet not been made by the 0n the day or the recelpt or the repcn' I drscussed the matter the -- -- whose response was the tcllowrng "Why old they contact you"? How they get your number? and 'How ls the complarnt an E1hlcs Matter"? explarneo to--lhat my telephomc detalls are wrdely avallable to stall lor repomngr and also explalned that the matter ls an matter because rt shows lnternal conduct (he Values 0' the depaflment Hurlher explalned that the Values of Trust' Transparency and Falrness and all apply rnstance Once had recelved a copy or the agreement between--and the PM) proceeded to leave my otrrce to engage wlth--on the matter' rn order to respond lo-- Upon dlscoverlng that was golng to dlscuss the matter hao me not to meet wl|_ As a result the matter to others ls held ln abeyance and am unable to respond lo the oomplarnant The above example serves to the unprolesslonal conduct of the --whose managenal style ls to do as work as make go away' and not deal protesslonally matters relatrng to governance - conduct serves to create an unprofessronal work envlronmem that ls the Values of the r4 3.2 Whistle-Blower-- (2014) Mattersuppressed, -- September 2014. contacted the Etrucs and Management otrree to make a report 07 approxtmatety 100 Cases unattended (0 or Completed and not worked on stnce February 2014 at me Mpumatanga Outce The person for this stale at aflatrs ts-- who was then -- requested thal- provtde my otrrce a or the oases questton On 29 September 2014' was Vurmshed a Ms! 0! 58 cases we smart Conducted a prehmmary assessment of the cases and Compiled a repon dekatls and summartes at each Case noted that the cases retated lo. amongst omels. Assault Torture and Murder A number at the cases had been compteled Var purposes thhout proper tnyestrgatron Further to my prelhmnary assessment tormatty wrote to--and accepted report as a protected dtsdosure advtsed that terms or seetron 3 or the Protected Act he th n01 be subteeted to any oeoupatronat detrrmem retatron to the work mcludes' betng sutureet to any acttort' betrtg suspended demoted' harassed or tn my report to the -- held the vtew that two outcrat/omerats 'are tarhng to eompty thetr regal obltgatxons and that a mtscarrtage dt Justtce has occurred I recommended a tnyestrgatron the matter reported the matter tutty to her and much \u my she tmmedtatety took a ytew that It was a Labour Retatrons matter desptte my ofltce aooeptmg-- report tn terms or the Protected Act Furlher comptamts were recetved tram --regard|ng a work envtronment' and who ts the-- at the Mpumatanga prowherat ortroe tt became apparent to me that-- work envtronment had become rntoterapte tt ts a tact that the-- took a to drsregard the matter or - -- who has been rermatly accepted as a and has taortty aHowed lo be subjected lo occupatlonal detrlment ls prohibited tn terms ol the Protected Act As a result at mactrorr by the-- and suppressron ol the mallerr become further emboldened and perceives hlmself as betng untouchable and unaccountable -- occupatlonal detrlment has Conllnued unabated and he has smce been demoted and recelved numerous tro-- It Is lmponank to note that matter was not reported to the Compliance, and RISK srnce November 2014 as the Committee had (alled to meet fallure has proven to be a mayor breach at rnternal controls and propel governance process someone needs (a be held accountable for 3.3 Irregular request hy--uelete Emerging Risks from Quarterly Repert in early 2015. A law months into the apporntment Into the post 0-- and durlng the perrod when was and Risk Manager. I recelved an extraordmary request had expenenced tor the Ilme In my career I was asked to delete lrom my repon had nailed the tollewing emerging ln my quanerly report Emelgmg by the Manager 7 Eyelet Risk W, 1 Cases may be cumpleted' wlthuut plopel lnvesllgalmn days oldel ID achreue targets lntemal control systems and processes at leuel mey'nnl be place ta recnrd and track completed cases 3 Docket: may not be quallty assessed belore bemg submlned to the "Wren .n a hat to prasecule The case may then he closed 4 DPP querres mefnot be attenuate and eases may be lett unattended and eventually closed 5 lnuesttgatprs may lack cahlrdence axperrehce and tramlng or may' rt'l'brt not be gymnelenl glve testlmen Mime: rape and torture cases may be held back because my take too long to rnyestrgate ersu'gnt'rerwara reglsters may not be rn place urea Qelegatlans pt and warkllaw processes at leyer HIGH may not be revtewed tn and or 9 Cases when have been completed over the last two years tor HIGH oblectlves and cutlenlly unattended may not be tnvesttgated rwther or may be closed to Cases may be closed as unsubstannated tn order to aonteye 3 perlormanee targets Cases ctosed as 201372014' and 20147 2015 lrnanotal years may not have been avdtled by lnternal Audlt 12 lnvesttgators may not be named erleett'vel'yfiperlorm Then lanolin? HIST tn pool statement taktng weak reports tnolodtng poor grammar' and weak tnyesttgattons l3 Post mortem resuus may not be collected tn undue delays 7" tn tnvestrgatrons t4 Stakeholder management strategres and processes may not be ettecttve tn abnormal delays altne and weak oompltanoe tram SAPS 0' terms matters The-- was that delete the above Her reasons were that "Our Job rs to support Managers and not gtve them work to do" was as a result ol a meettng held -who oomplarned to her about the had and who told her that he the same petore he was suspended" Upon the to delete the was outraged and penned a letter to her to note my oblectlon However, decrded agatnst over the letter as the tnternal atmosphere was becomrng too hostrle and--decrded to take tor the deletron ol the trorh the report lt was apparent that- and_ and others were tn common purpose Al the same ttrne betteve rt was thetr decrston to suppress the-- matter I dtsoussed matter my work colleagues at Audtt and Governance who were also astounded at the to delete the lrom my report I also belreve that the Compliance. Ethtos and Commlnee meetrng was delrberately not held to avoid the and other matters berng placed on the table 3.4 Unprofessional and Stressful Work Environment lt ls rny assessment that the conduct of the--has created an tnterrtal envtronment that rs unprolessronal and is erodtng and headed towards malor tnterpersonal The acttons and conduct of the-- has placed her on constant edge and ts evtdent tn her me and more so afler the appotntment ot the new-- -- who has been tn ms remarks about the pertormance or the Governance Umt and the lack at holdmg the Comphance. and Meetmgs tor 14 months Funher' the-- IS atways anxrous as to whether may make to the -- and or Correct her at a meettng \t IS not my tntentton to Cause but as Manager at the PD I need to shuw resotve and deal tssues It IS prectsety Ints that has enabled a Strong bond of trust to be between the Staft and mysetf would be famng tn my dunes and It not report the matter to you and avotd a comptele breakdown tn the work 4 RECOMMENDATIONS: at recommend that the a tuh enqurry be hetd to th_ matter and advrse on the tottowrng a) The matter not be handled by -- b) AH the cases reported by--to be thoroughty tnvesttgated and where cases have been eompteted or closed wrtnout proper rnvestrgation Charges are to be lard agamst for detealtng the ends Uttusttce c) -- Labour Retatrons hle to be examrned by an rndependent othcral and demotrons and to be reversed 4 2 A tormat enqurry rnto the role and conduct at the -- _t mcludmg at Her posrtton on and tarhng tn her dunes and towards the --rnatter b) Her oectsron not to deal tulty the matter ot -- and by causrng to endure ooeupatronat detnrnent and an rntoteraote work envtronment e) Her toyatty and obhgatron to have resutted tn her her tndependence and the proper rote and tonctronrng ot the Corporate Governance Unit and otnce tn pantcular (1) Her redutres strong Independence and compltence the \aws ot the country. and advancmg and the Vatues ot the Yours Sincerely, MR AMAR MAHARAJ ETHICS MANAGER DATE: 29 JANUARY 2016