The Public Service Commission (PSC) in the Norh West welcomes the arrest made by the South African Police Service (SAPS) HAWKS - Directorate for Priority Crime Investigation, regarding the case on allegations of fraudulent claims of subsistence and travel (S&T) and kilometres, by the Deputy Director in the Department of Human Settlements, North West Province, following referral of an anonymous complaint for criminal investigation. 

On 01 December 2023, the PSC received an anonymous complaint relating to allegations of S&T and kilometres claims fraud by the Deputy Director in the Department of Human Settlements, North West. The anonymous complainant alleged that since February 2023, the Deputy Director submitted fraudulent S&T and kilometers claims and got reimbursed for purported official kilometers travel despite her not having travelled to attend official duties which were part of her job while others were not. Furthermore, the complainant alleged that, upon returning from meetings, officials submitted their S&T forms with the original copies of attendance registers to the Deputy Director and these copies were tampered with.

In January 2024, the PSC requested documents/information relating to the S&T and kilometers’ claims by the alleged perpetrator from the Department. The Department cooperated with the PSC and submitted the requested documents/information, and that was highly appreciated. Upon assessment of the complaint, it became apparent to the PSC that the allegations are fraud related and were criminal in nature. The South African law defines fraud as “the unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another”. To this end, the Deputy Director was alleged to have intentionally submitted fraudulent S&T and kilometres’ claims. As a result of the misrepresentation, the Department reimbursed the official and as such, suffered prejudice. In accordance with Rule 4(2)(e) of the PSC Rule on Conducting Investigations, 2017, the PSC could not proceed with a full-scale investigation of the matter that can be more appropriately dealt with by another institution. Since the allegations against the Deputy Director were criminal in nature, the South African Police Service (SAPS) was deemed to be the appropriate institution to handle the matter, and the PSC accordingly referred the matter to the SAPS on 08 March 2024 for further investigation. 

Section 34 (1) of the Prevention and Combating of Corrupt Activities Act (PRECCA) of 12 of 2004, put a duty on any person who holds a position of authority and who knows or ought reasonably to have known or suspected that any other person has committed the offence of theft, fraud, extortion, forgery or uttering a forged document, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official. In the case of subsection (1), any public officer in the Senior Management Service of a public body is regarded as a person holding a position of authority. The PSC encourages all public servants and the public to report all fraud and corruption activities in the public service to the National Anti-Corruption Hotline: 0800 701 701.  

About the Public Service Commission: In terms of section 196 (2) of the Constitution of the Republic of South Africa, Act 108 of 1996 (the Constitution,1996), the Public Service Commission is independent and must be impartial, and must exercise its powers and perform its functions without fear, favour or prejudice in the interest of the maintenance of the effective and efficient public administration and a high standard of professional ethics in the public service. In terms of section 196(4) of the Constitution, 1996, the Public Service Commission has the powers and functions to promote the values and principles set out in section 195, throughout the public service. One of the constitutional values and principles is a “A high standard of professional ethics must be promoted and maintained”. 

Enquiries:    
Mr Lebogang Mautlwa 
Cell: 081 021 1537

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