Public Protector Advocate Kholeka Gcaleka's report has exposed grave maladministration and improper conduct within the Department of Correctional Services.
The investigation, initiated by a complaint lodged with the Public Protector, centred around the irregular payment of employment benefits that were due to a deceased employee. It uncovered serious flaws in how the department handles posthumous benefits and the alarming exclusion of a surviving spouse from due entitlements.
The matter came to light after a complainant, whose wife served as an assistant director at the Kgosi Mampuru II Correction Centre in Pretoria, lost his wife just a month before her planned retirement on 5 January 2021. Despite the couple’s dependency on her income, the complainant encountered a web of red tape and bureaucratic failure following her untimely passing. Initial contact with Department of Correctional Services officials left him confused and financially crippled, as he was instructed to provide claim forms without clear guidance. When he was called back to complete the forms again at the department’s head office, he was met with further disappointments.
Throughout this ordeal, the complainant found himself receiving only a meagre funeral benefit while the Department of Correctional Services failed to settle his wife’s salary for January 2021 and the substantial accrued entitlements—an astounding R126,423.90 meant for him as the rightful heir. Disturbingly, the investigation found that Department of Correctional Services functionaries wrongfully directed these funds to the deceased’s niece instead.
Advocate Kholeka Gcaleka, South Africa's Public Protector. Picture: Public Protector SA/Facebook
The Public Protector's investigation substantiated the complainant's allegations, categorically determining that the Department of Correctional Services had relied on a document intended to ascertain the deceased’s wishes regarding pension distributions upon death. However, in this instance, it proved detrimental, as it allowed payments to bypass the legitimate claim of the spouse.
Moreover, the investigation cited specific violations of policy that resulted in extensive mismanagement. The Department of Correctional Services had paid the niece benefits including leave gratuities and pro-rata bonuses while ignoring the legal framework established under the Intestate Succession Act and applicable departmental circulars. These infractions not only breach ethical standards but also reflect a systemic failure in the processing of employment benefits.
In light of these findings, the Public Protector mandated several urgent remedial actions. Within 30 days, the National Commissioner of Department of Correctional Services must ensure full restitution of the owed amounts to the complainant, and is instructed to improve training for human resources personnel on adherence to existing laws and guidelines.
Furthermore, the Department of Correctional Services must establish a comprehensive policy detailing the processing of salary arrears and bonuses owed upon the death of an employee within the next 90 days.
