The requirement to disclose financial interests by Public Servants is regulated by the Financial Disclosure Framework. This Framework was introduced in March 2000 with the requirement that all Heads of Department (HoD) and employees on post level 15 in National and Provincial Departments should disclose their registrable interests on the form determined for this purpose by the Public Service Commission (PSC). In May 2001, the Financial Disclosure Framework was incorporated into the Public Service Regulations (PSR), 2001 and extended to cover all members of the Senior Management Service (SMS i.e. levels 13 to 16). These Regulations have since been repealed by the PSR, 2016, which came into effect on 1 August 2016.
Prior to the implementation of the PSR, 2016 the disclosure of financial interests was made in terms of Chapter 3 C.1 of the PSR, 2001, which stipulated that every designated employee (SMS member) shall, not later than 30 April each year, disclose to the relevant Executive Authority, particulars of all her/his registrable interests in respect of the period 1 April of the previous year to 31 March of the year in question. Any person who assumed duty as a designated employee after 1 April in a year was required to make such a disclosure within 30 days after assumption of duty in respect of the period of 12 months preceding her/his assumption of duty. The Executive Authorities were required to submit copies of the forms on which the designated employees disclosed their financial interests, to the PSC by not later than 31 May of each year. These provisions of the PSR, 2001 were retained in new PSR, 2016.
The submission of financial disclosure forms by the National Commissioner, Deputy National Commissioners and Provincial Commissioners between the period 2012/2013 and 2015/2016 are indicated in Tables 1 to 3 below:
Table 1: Submission of financial disclosure forms by the National Commissioner/Acting Commissioner between the period 2012/2013 and 2015/2016
Names |
Financial Years |
|||
2012/2013 |
2013/2014 |
2014/2015 |
2015/2016 |
|
Phiyega MV (National Commissioner) |
Yes |
Yes |
Yes |
No On suspension |
Phahlane JK (Acting National Commissioner) |
Yes |
Yes |
Yes |
Yes (Acting) |
Table 1 above shows that the National Commissioner of the SAPS submitted her financial disclosure forms consistently between the financial years 2012/2013 and 2014/2015. The PSC did not receive the financial disclosure form of the National Commissioner in respect of the 2015/2016 financial year. This is apparently due to the fact that she has been placed on special leave during this period. The financial disclosure forms of the current Acting National Commissioner were submitted consistently between the period 2012/2013 and 2015/2016.
The submission rate of financial disclosure forms by Deputy National Commissioners is shown in Table 2 below:
Table 2: Submission of financial disclosure forms by the Deputy National Commissioners between the period 2012/2013 and 2015/2016
Names |
Financial Years |
|||
2012/2013 |
2013/2014 |
2014/2015 |
2015/2016 |
|
Masemola SF (Operational Services) |
Yes |
Yes |
Transferred to Limpopo as Provincial Commissioner (Please see Table 3 below). (Post not provided for in the structure) |
(Post not provided for in the structure) |
Lebeya SG (Crime detection) |
Yes |
Yes |
Termination of service (Post not provided for in the structure) |
N/A (Post not provided for in the structure) |
Mofomme AL (Physical Resource Management) |
Yes |
Yes |
Termination of service (Post not provided for in the structure) |
N/A (Post not provided for in the structure) |
Mazibuko NNH (Human Resource Management) |
Yes |
Yes |
Retired (Post not provided for in the structure) |
N/A (Post not provided for in the structure) |
Dramat A (Directorate of Priority Crime Investigations) |
Yes |
Yes |
Termination of service (Replaced by Ntlemeza BM) |
N/A |
Ntlemeza BM (Directorate of Priority Crime Investigations) |
Yes |
Yes |
Yes (Acting in the post vacated by Dramat A) |
Yes |
Schutte SJP (New Structure: Resources Management ) |
Yes Submitted as a Divisional Commissioner |
Yes Submitted as a Divisional Commissioner |
Yes Submitted as Deputy National Commissioner Asset and Legal Management/ Resources Management |
Yes Submitted as Deputy National Commissioner Asset and Legal Management/ Resources Management |
Mbekela CN (Corporate Service Management: name changed to Human Resource Management in 2016) |
Yes |
Yes |
Yes |
Termination of service |
Mgwenya BC (Chief Operations Officer) |
Yes |
Yes |
Yes Post of Chief Operations Officer was abolished. Official was moved to the re-established post of Deputy National Commissioner Human Resource Management |
Yes |
Molefe J (Executive Legal Officer) |
Yes |
Yes |
Yes |
Yes Resigned 31-08-2016 |
Table 2 above shows that the ten (10) officials who are/were on the level of Deputy National Commissioner in the SAPS submitted their financial disclosure forms for the 2012/2013 and 2013/2014 financial years. During the 2014/2015 and 2015/2016 financial years, the SAPS experienced certain changes relating to the incumbency of the posts of Deputy National Commissioner. The following changes were experienced:
The submission rate of financial disclosure forms by Provincial Commissioners is shown in Table 3 below:
Table 3: Submission of financial disclosure forms by the Provincial Commissioners between the period 2012/2013 and 2015/2016
Provinces |
Names |
Financial Years |
|||
2012/2013 |
2013/2014 |
2014/2015 |
2015/2016 |
||
Eastern Cape |
Binta CC |
Yes |
Yes |
Yes |
Yes |
Free State |
Sitole KJ |
Yes |
Yes |
N/A Replaced by Mpembe TS |
N/A |
Mpembe TS |
Submitted as Limpopo Provincial Commissioner |
Yes |
Yes |
||
Gauteng |
Petros M |
Yes |
Contract expired Replaced by Mothiba LJ |
N/A |
N/A |
Mothiba LJ |
Yes Submitted as Divisional Commissioner: Visible Policing |
Yes Replaced Petros LJ as Provincial Commissioner |
Yes |
Yes |
|
KwaZulu-Natal |
Ngobeni BM |
Yes |
Yes |
Yes |
Yes |
Limpopo |
Mpembe TS |
Yes |
Yes |
Yes Submitted as Free State Provincial Commissioner |
|
Masemola SF |
Yes Submitted as Deputy National Commissioner |
Yes Submitted as Deputy National Commissioner |
Yes |
Yes |
|
Mpumalanga |
Ntobela TR |
Yes |
Yes Contract expired on 31-10-2014 |
N/A |
N/A |
Nogwanya VM |
Yes Submitted as Provincial Head: Legal and policy services |
Yes Appointed as Acting Provincial Commissioner on 03-11-2014 |
Yes The official returned to his/her substantive post of Provincial Head: Legal and Policy Services |
Yes Submitted as Provincial Head: Legal and Policy Services |
|
Magadlela MD |
Yes Submitted as Provincial Head: Detective Services: Mpumalanga |
Yes |
Yes Appointed as Provincial Commissioner on 01-02-2015 |
Yes |
|
North West |
Mbombo MZN |
Yes |
Yes |
Yes Retired on 31-05-2015 |
N/A |
Tsumane LJ |
Yes |
Yes |
Yes Submitted as Provincial Head: Detective Services |
Yes Acting on a vacant post of Provincial Commissioner |
|
Northern Cape |
Basson JD |
Yes |
Yes |
Yes Retired on 31-08-2015 |
N/A |
Shivuri RP |
Yes |
Yes Submitted as Deputy Provincial Commissioner: Policing |
Yes Appointed as Provincial Commissioner on 01-09-2015 |
Yes |
|
Western Cape |
Lamoer AH |
Yes |
Yes |
N/A Contract expired on 30-11-2015 |
N/A |
Patekile TE |
Yes Submitted as Provincial Head: Operations Coordination: Eastern Cape |
Yes |
Yes |
Yes Appointed as Provincial Commissioner pointed as on 09-01-2016 |
Table 3 above shows that all the officials within the SAPS who were occupying or acting in the posts of Provincial Commissioner, submitted their financial disclosure forms for the period between 2012/2013 and 2015/2016 financial years. The Table also shows that there were changes in relation to the incumbency of posts. These changes and the effects thereof on the state of compliance with the requirements to submit financial disclosure forms are explained in the following paragraphs:
The due date for the submission of financial disclosure forms for the 2016/2017 financial year was 31 May 2017. The PSC is still capturing data relating to that.