public protector report on venda pension

In the case of Mr. Rambau, the Department of Public Service and Administration and the Treasury were directed to order a forensic audit of the list of the first Privatisation Scheme of the Venda Pension Fund to determine the accuracy of the transferred amounts in respect of each member. The Public Protector, Busisiwe Mkhwebane, has indicated that her office will oppose the application of the Minister of Finance to have the report on the Venda Pension Fund saga reviewed and set aside. In this regard, Adv. Public Protector advocate Mkhwebane found that Gordhan had acted improperly in authorising the pension payout. Another case was the Nandoni Dam report where people were dying because the state had not carried out recommendations to erect adequate safety structures. The National Treasury and the Government Pensions Administration Agency (GPAA) have been working persistently to address the remedial action contained in the Report of the Public Protector regarding the Venda Pension Fund matter. The reports in question relate to an investigation into allegations that the state, in particular the Government Employees Pension Fund (GEPF) and the National Treasury, acted improperly during the privatisation of the Venda Pension Fund, thereby prejudicing members of the fund. “The answering affidavit must be filed without any further delay so that there can be finality. Busisiwe Mkhwebane has caught wind of the apparent confusion among some former members of the erstwhile Venda Pension Fund in respect of the recent High Court ruling in Johannesburg relating to Finance Minister Tito Mboweni’s legal challenge to her office’s investigation reports 18 and 15 of 2011/12 and 2016/17 respectively. A supreme administrative oversight body, the Public Protector has the power to investigate, report on and remedy improper conduct in all state affairs. The remedial action was to be finalized within six months of the report, which was dated 08 November 2011. This in light of an order by the former Public Protector Thuli Madonsela to get Government Employees Pension Fund to pay former public servants what is due to them. Escalation of complaints on existing cases, http://www.publicprotector.org/library/investigation_report/investigation_report.asp. Sunday, August 5, 2018. Moreover, they defer the long overdue justice for the complainants.”. 07/01/2021 Former members of the defunct Fund are accordingly hereby informed that the matter recently decided by the High Court in favour of the Public Protector relates to a separate but related issue and does not constitute a decision on the main application to declare that the remedial action on the two reports was discharged through substantial compliance or that both reports be reviewed or set aside. UPDATE ON THE IMPLEMENTATION OF THE PUBLIC PROTECTOR’S REPORT NO 18 OF 2011/12 ON THE VENDA PENSION FUND The National Treasury and the Government Pensions Administration Agency (GPAA) have been working persistently to address the remedial action contained in the Report of the Public Protector regarding the Venda Pension Fund matter. She indicated that, during the period in question, the Minister had decided to abide by the remedial action. “This is a heart-rending case. The second report also deals with an investigation under the Public Protector Act and focuses on allegations of maladministration and improper prejudice in the manner that the Government dealt with the privatisation of the Venda Pension Fund Schemes. We also enlisted the … In the application, the Minister seeks an order declaring that the remedial action on the two reports has been discharged through substantial compliance or that both reports be reviewed or set aside. The GPAA embarked on a process of reviewing available data to ensure that the project is implemented accurately. 18 of 2011-12, on Maladministration during the privatization of the Venda Pension Fund: Report No. The relevant provisions of the MFMA were not applicable at the time.She further indicated that the continuous and deliberate extension of the law firm’s contract by the relevant Municipal Managers, in circumstances where the firm gained an unfair advantage over other prospective service providers by having access to information and influence over the procurement instruments amounted to maladministration.The failure by the relevant Municipal Managers to have reasonably foreseen and managed the perceived or actual conflict of interests with Mr Odendaal’s position as attorney and debt collector and his 2007 appointment as Constituency Chair, fostered a substantial personal benefit at the expense of the public purse, constitutes maladministration.”It was further found that the law firm earned commission and fees in respect of the sale and transfer of properties on behalf of the municipality. Her predecessor Thuli Madonsela recommended that beneficiaries of the Venda Pension be paid funds due to them. National Treasury says it is reviewing a report on the payment of pensions to beneficiaries of the former Venda Pension Fund in order to develop the next best course of action. These included fears that implementation would open the floodgates in respect of the potential of similar claims from other former members of pension funds from the erstwhile homeland governments and the need for clarity in respect of the basis for some of the findings. Privatisation in this instance meant they would forfeit all the benefits of a defined benefit fund such as a spouse’ pension, funeral benefits and orphans’ benefits as well as a medical aid subsidy after retirement. The report was issued in November 2011. For example there was a case decided by Adv Baqwa in 2002 regarding the Venda Pension Fund, the recommendations of the Public Protector were never implemented and the matter had dragged on since. Venda Pension Fund saga is heading to court. She appointed Boqwana Burns Inc as attorneys on … Mkhwebane. (i) COSTLY MOVESis a report of the Public Protector in terms of section 182(1)(b) of the Constitution of the Republic of South Africa, 1996of the Executive , section 3(2)(a) Members’ Ethics Act, 1998(the Executive Members’ Ethics Act) and section 8(1) of the Public Protector Act, 1994. In addition, she recommended that Parliament oversees the implementation of the remedial action in terms of Section 182 (1), read with sections 43 (2) and 55 (2) of the Constitution. He must now file an answering affidavit to the Public Protector’s rule 6(5) (d) (iii) notice. The Municipality’s procurement practice prior to 2006 was in violation of the Preferential Procurement Policy Framework Act, section 217 of the Constitution, the Local Government Transition Act (LGTA), and the MSA,” she explained.However, the Public Protector said the procurement processes by the Municipality in 2006, in respect of legal services, debt collecting services and auctioneering services, were formally competitive but not substantively competitive. The court ruled on 31 August against the Minister of Finance’s efforts to have the Public Protector’s reports set aside. Tshiololi and two of his colleagues approached the then public protector, advocate Lawrence Mushwana, in 2008 on behalf of the Vhembe Concerned Pensioners group, alleging that the Government Employees Pension Fund (GEPF) and national Treasury had acted improperly during the privatisation of the Venda Pension Fund (VPF), prejudicing its members. Mkhwebane in 2017 to issue a special report (15 of 2016/17) on the same matter. ... and the Office of the Public Protector have been kept abreast of progress made in the matter. 18 of 2002 amounts to maladministration and a violation of the section 181(3) of the Constitution.As part of the remedial action, the Public Protector directed that the Ministers of Public Service and Administration and Finance should appoint a task team to review the implementation of the Privatisations Schemes of the former VPF.The ministers should consider changes to the GEP Law and Rules to enable members who participated in the privatisation schemes the opportunity to repay the benefits received and to recalculate their pension benefits in terms of the rules regulating normal retirement.They should also determine whether or not the service periods that have been bought back before the privatisation schemes of the Venda Pension Fund should be included when re-calculating the benefits of the members.For the full report, follow the link below: http://www.publicprotector.org/library/investigation_report/investigation_report.aspIssued by: Public Protector South Africa, Kgalalelo MasibiSenior Manager: Outreach, Education and CommunicationPublic Protector South AfricaTel: 012 366 7006Cell: 079 507 0399Email: kgalalelom@pprotect.orgWebsite: www.publicprotector.org,    Twitter       Facebook    Youtube     Instagram. ... National Treasury is currently reviewing the report to develop recommendations on the next best course of action. She submitted that the Minister’s application was perempted in that his conduct from April 2002 to 14 February 2012 was inconsistent with his intention to challenge in any way the remedial action spelt out in report 18 of 2011/12. In the report, Adv. The processes failed to comply with the principles of fairness and competitiveness as provided for by section 217 of the Constitution, the LGTA and the MSA. Welcome to Public Protector South Africa. This prompted Adv. The independent panel set up to assess if there is prima facie evidence indicating that Public Protector Busisiwe Mkhwebane committed misconduct, was … They have already suffered immensely as a result of the maladministration and the long wait for the implementation of remedial action. Mkhwebane would like to clarify that the High Court has yet to decide on the Minister’s 11 March 2019 application. The Standing Committee on Finance shares the views and concerns of the Public Protector expressed in the Special Report of the Public Protector on the implementation of remedial action contained in Public Protector Report No. Public Protector names and shames organisations, whistle-blowers flee homes. Responding to the Public Protector’s rule 6(5) (d) (iii) notice, the Minister then brought an interlocutory application, taking exception to the points of law set out in the notice. The first report was brought out in 2012 by the then Public Protector, Thuli Madonsela, and the second special report was made public in 2017. She recommended that the Treasury commits funds to facilitate the recalculation of pension benefits by the Government Pension Administration Agency (GPAA) of those complainants who became members of GEPF after 1996 and/or ad hoc compensation of those who retired prior to the amalgamation of the various pension funds, to reimburse their reasonable losses as estimated with the assistance of the actuary. Mkhwebane is in Limpopo as part of her office’s … Both Public Protector and the complainants are cited as respondents. On 31 August 2020, Judge Fayeeza Kathree-Setiloane dismissed the Minister’s interlocutory application, with costs. The Public Protector, Busisiwe Mkhwebane, has indicated that her office will oppose the application of the Minister of Finance to have the report on the Venda Pension Fund saga reviewed and set aside. Public protector helps woman get back 11 years pension Society 3 weeks ago The GPAA had demanded ‘the impossible’ in expecting the woman to …    Twitter       Facebook    Youtube     Instagram. Public Protector Advocate Busi Mkhwebane says she is growing increasingly frustrated with Treasury for not implementing the Public Protector’s remedial actions over pension pay-outs to the former Venda homeland employees.. Mkhwebane confirmed the findings contained in the report of November 2011, provided guidance on how to resolve the paucity of records on the side of the state and verify information provided by the complainants relating to their posts, the departments where they were employed, their appointment dates and remuneration details. In addition, it was found that the complainants suffered prejudice as they had to apply for old age grants despite having accumulated numerous years of service. SAfm — The National Treasury has until today to submit a proposed strategy to the Public Protector Busisiwe Mkhwebane on how outstanding pay-outs for former Venda Homeland civil servants will be paid out. The report by Madonsela had found that the government had mishandled the privatisation of the Venda Pension Fund and that the complainants had been prejudiced due to the maladministration. After investigating, Adv. This amounted to maladministration.”The Public Protector further indicated that the acts of the VPF relation to the calculation of the benefits of the members who privatised resulted in maladministration as the members were entitled to 100% of their accrued benefits.She also indicated that the omission of the South African Government, and in particular the GEPF's failure, to implement the recommendations of the Public Protector in Report No. In August last year, the Ministry of Finance announced that the then Minister, Malusi Gigaba, intended to resolve the payment of pensions by the end of November 2017. ... to address the remedial action contained in the Report of the Public Protector regarding the matter. Among other things, she found that the complainants suffered prejudice as they were influenced to privatize their pension benefits but were not properly informed about the consequences of privatisation. A multi-institutional task team has been established to look into obstacles delaying the implementation of Equitable Access to Social Security, a Public Protector report on an investigation into alleged improper conduct by government during the privatisation of the Venda Pension Fund. Madonsela also found that the complainants suffered prejudice when their complaints and problems were ignored by the different government institutions they complained to. The Report and Recommendations of the Public Pension Management and Asset Investment Review Commission (Commission) marks a significant milestone in the 100 year history of the Commonwealth’s commitment to ensure a secure retirement for its public servants and educators. Once this is done, Treasury is obliged to submit its recommendations and the report by the actuarial firm to the Public Protector and Speaker of the National Assembly. JOHANNESBURG - Public Protector, Busisiwe Mkhwebane released a number of reports in her office. Government Pension Administration Agency – Special Report No 15 of 2016/17 on the implementation of remedial action contained in Public Protector Report 18 of 2011/2012 on the maladministration during the privatisation of the Venda Pension Fund; 36. It is unacceptable that the claimants in this matter had to wait almost … She addressed the general concerns raised by state institutions as well as specific anxieties relating to the implementation of the remedial action, including fears that such implementation would open the floodgates. Treasury to announce on Venda Pension Fund by month-end (News) ... the Government Pensions Administration Agency (GPAA) to address the remedial action contained in a report by the Public Protector regarding the matter. Public Protector clarifies court decision on Venda Pension Fund case Public Protector Adv. In addition, the GEPF was directed to recalculate the pension benefits for Messrs. Tshiololi and Ramavhale as if they retired with all their years of service as members of the GEPF including the Venda Pension Fund and afford them the opportunity to repay any benefits they might have received, excluding the amounts repaid by them to the Venda Government. Public Protector Busisiwe Mkhwebane has offered her condolences to the family of a man who has died without a resolution to a 12-year pension dispute affecting dozens of former employees of the former Venda homeland. The payment of pensions to beneficiaries of the former Venda Pension Fund are still being finalised, said National Treasury on Tuesday. Copyright © 2021, Public Protector South Africa. Created on 6 … By Noni Mokati Feb 28, 2019 In 2011, the former Public Protector (PP), Adv Thuli Madonsela, investigated complaints by pensioners that the … As a remedy, she directed the Ministers of Public Service and Administration and Finance to appoint a task team to review the implementation of Privatisation Schemes of the former Venda Pension Fund. The Public Protector is an independent institution established in terms of section 181 of the Constitution, with a mandate to support and strengthen constitutional democracy.