This resource is hosted by the Nelson Mandela Foundation, but was compiled and authored by Padraig O’Malley. It is the product of almost two decades of research and includes analyses, chronologies, historical documents, and interviews from the apartheid and post-apartheid eras.
TEC report 2 on Bop Violence 1994
OFFICE OF THE JOINT ADMINISTRATORS
(BOPHUTHATSWANA)
WEST WING 2ND FLOOR, NEW PARLL4MENJ BUILDLING
PRIVATE BAG X2018, MMBATHO
Dr. T. van der Walt, Mr. T. I. Mokgoro
TEL 89-9293/4 - TEL 89-9338/9
FAX : 84-2685
SECOND REPORT TO THE TRANSITIONAL EXECUTIVE COUNCIL MANAGEMENT COMMITTEE
PURPOSE OF SUBMISSION
To: inform the Management Committee regarding progress in restoring good government, protection of life and property and creating a climate for free political activity.
2. RESTORATION OF GOOD GOVERNMENT
Although productivity is still at a very low level, mast Public Servants have returned to work. It is envisaged that certain steps taken by the Joint Administration, discussed in more detail later on, will contribute much to normalising the Situation.
2.1 POSITION OF SECRETARIES
In terms of an agreement between the Joint Administrators and Secretaries of Government departments, the latter went on special leave as of Monday 24 March 1994.
Representatives from the Office of the Joint Administrators have been requested to initiate negotiations with the Secretaries regarding severance/early retirement packages in close Consultation with, and subject to approval of the TEC subcouncil on finance. Negotiations are Continuing. A separate report regarding this issue will be submitted to the TEC Subcouncil on Finance in due course.
2.2 APPOINTMENT OF ACTING SECRETARIES
Subsequent to the above agreement, Acting Secretaries were appointed to each department on Wednesday 26 March 1994,
whereby accountability was properly transferred.
Regular meetings between the Joint Administration end Acting
Secretaries are scheduled to provide the necessary motivation and direction. A list of Acting Secretaries is attached hereto as Annexure A for information.
2.3 APPOINTMENT OF THE COUNCIL FOR ADMINISTRATION
A Council of Administration consisting of 9 members and representative of all sectors of the Bophuthatswana Public Sector has been appointed.
The Council will be chaired by Mr H v/d Westhuizen from the Development Sank of Southern Africa and Mr M T Mmileng, Acting Secretary for the Deportment of the Public Service Commission. A list of the members of the Council for Administration is attached hereto as Annexure B for information.
2.4 TEC TASK FORCE ON THE CIVIL. SERVICE
A delegation of the above Task Force visited Bophuthatswana on 7 April 1994 and had preparatory discussions with the Joint Administration. The full Task Force is scheduled to visit Bophuthatswana on Tuesday 12 April 1994.
2.5 GRIEVANCES
The Office of the Joint Administrators is still being inundated with grievances and demands. In addition to the appointment of several commissions of enquiry, two representatives from the Office of the Joint Administrators have been tasked with coordinating and facilitating the activities of the following:
2.5.1 COMMISSION OF ENQUIRY INTO THE AFFAIRS OF THE BNDC
A Commission of Enquiry, chaired by Judge J A M Khumalo, has been appointed to investigate allegations of maladministration and misconduct in the Bophuthatswana National Development Corporation.
COMMISSION FOR UNFAIR DISMISSALS
A Commission has been appointed to investigate all eases of unfair dismissals,
2.5.3 COMMISSION ON PRISONS
Several reports of violence and burning of prisons have been received. A Commission has been appointed to investigate the situation.
2.5.4 PENSIONS
The Administrators drew attention to Resolution 34 adopted by the Sub-Council on Finance aid confirm that they both agree with it and accept that they are bound by it.
The Administrators wish to emphasize that the mass pay-out of pension benefits would be constitutionally illegal.
The public was informed by means of a press statement that retirement benefits payable to members of the public service and others who contribute to the statutory retirement funds are completely safe. The benefits presently lying in the funds administered by SEBO are guaranteed by the Government, The government Is liable for the benefits end even if the 9Ssets ~f the funds were lost, they still have to be paid by the Government.
The Administrators are aware of the concerns of members of the funds managed by SEBO as to the quality of that management. To address this, steps have been taken to replace the supervisory structures; install new supervision of that management and thoroughly competent independent professionals are now at work in the SEBO organisation, to oversee and direct its activities on a sound basis.
Also, in order to focus the attention of the management, all future contributions by employers and employees to the funds are being recorded and dealt with in a new separate account established within the SEBO system.
2.5.5 SALARY INCREASES/PARITY
The Joint Administrators is committed to salary parity. The Public Service Commission (PSC) is already working full throttle on individual staff files. Each employee file needs to be revisited to access specific information to fairly compare and contrast positions of parity and non-parity.
To expedite the process the PSC has to liaise with staff sections in various departments. This is hampered by the fact that most departments have not been responsive. It is therefore imperative that departments get fully operational so that inter alia, this support service to the PSC is forthcoming.
A structural adjustment for certain categories of Teachers has already been finalised and must now be implemented by the Department of Education.
3. COMMUNICATION
The office of the Joint Administrators has recently devised a comprehensive Communication Plan to keep the public informed of all decisions and activities at all times. A direct communication line with the office of a representative of the TEC Management Committee has also been established.
4. LAW, ORDER AND SECURITY
The security situation in the territory is relatively stable. The situation, as described in Report number I persists.
Of grave concern however, is the fact that a negative perception towards and a degree of distrust in the Bophuthatswana Police Force is notable amongst the public. All efforts are being made to rectify the Situation and to supply the necessary motivation and direction to the Police Force. Despite this, the services of the SADF is still considered of vital importance. The Office of the Joint Administrators are informed about security, law and order matters by Brig. du Toit from the SADF and Joint Operational Centres on a daily basis,
5. FREE POLITICAL ACTIVITY
The situation, as reported on in report number 1 persists. The Office of the Joint Administrators is in contact with the Independent Electoral Commission and its Mediation Services on a regular basis.
6. FINANCIAL OVERVIEW
6.1 APPROPRIATE DECREES
6.1.1 ADDITIONAL APPROPRIATION: 1993/94
During a SAPRO meeting on 29 March 1994, the revised estimates for the 1993/94 financial year was agreed upon by the RSA arid Bophuthatswana delegations. It was furthermore agreed that, due to the recent problems experienced in Bophuthatswana, certain commitments would not be paid before 31 March 1994. The meeting decided that provision will have to be made for the "roll over" of funds to pay these outstanding commitments. The budgetary Task Team (BTT) was instructed to investigate the matter and to make proposals to SAPRO in this regard.
The Joint Administrators signed the Additional Appropriation Decree on 31 March 1994.
6.1.2 PART APPROPRIATION
During the same meeting it was agreed that Bophuthatswana wilt issue a Part Appropriation Decree to enable them to carry on with their functions during the first few months of the new financial year.
A Part Appropriation Decree. consisting of 35 % of the previous years approved estimates, was signed by the joint Administrators on 31 March 1994.
6.2 1994/95 BUDGET
Due to the changes which have taken place in Bophuthatswana, it was agreed that the draft 1994195 budget, prepared for the previous Government is no longer representative. It was decided that the BTT will reconsider the budget in the light of the changing circumstances arid priorities and submit new proposals to the SAPRO meeting as soon as possible.
The 1994/95 draft budget will be submitted to the TEC as soon as agreement has been reached at the SAPRO meeting.