1. Introduction
The fire incident that engulfed the heart of South African democracy, the National Assembly building, and caused extensive damage to the Old Assembly wing of Parliament on January 1, 2022, remains an indelible and traumatic incident in the annals of Parliament's history and the entire nation. The blaze, which gutted the National Assembly Chamber and hundreds of offices, has underscored the critical importance of safeguarding these buildings of constitutional and historical significance. It is imperative to address the security breach that enabled the actions of the arsonist, ultimately resulting in such devastating destruction.
In response to this calamity, the Presiding Officers of Parliament, who constitute the Executive Authority, directed the Secretary to Parliament, to furnish a comprehensive report detailing the circumstances surrounding the security breach and the consequential fire. Recognizing the gravity of the situation and the need for a thorough investigation, the Secretary deemed it necessary to commission forensic investigators to inquire into these significant matters.
While the fire incident serves as a primary point of focus, it is imperative to note that, subsequent to his appointment, the Secretary received a slew of reports and complaints pertaining to alleged irregularities in the recruitment and appointment of certain managers, as well as concerns related to various procurement processes within Parliament. In response, the Audit Committee issued an instruction to initiate comprehensive investigations into these matters.
The reports by the forensic investigators encapsulate their meticulous findings pertaining to each of the aforementioned issues. In areas where the findings warrant action, particularly in matters of policy and security, steps are being taken to implement appropriate measures. To ensure objectivity and independence in the assessment of the findings, the Secretary, through the Constitutional and Legal Service Office, has engaged external legal firms to advise on the suitable course of action, particularly in cases where Parliament employees are implicated.
These ongoing processes are currently at a critical juncture. It is essential that all implicated individuals are granted a fair opportunity to respond to the allegations levelled against them. Consequently, releasing the investigative reports to the public at this juncture would jeopardize these ongoing processes and potentially infringe upon the rights to privacy and a fair hearing for those implicated.
Moreover, it is important to highlight that some of the evidence from the report on the fire incident is currently part of a criminal matter before the Western Cape High Court. Following discussions with the National Prosecuting Authority (NPA), it has been jointly determined that this evidence should not be made public until the criminal matter has reached a stage of finality.
However, acknowledging the legitimate interest of various parties, including the public, in the information contained within these reports, the Secretary to Parliament underscores the importance of transparency and accountability. As a result, we are providing a summary of the key findings from each of the reports, ensuring a delicate balance between transparency and protecting ongoing processes and legal considerations.
2. Fire Incident at Parliament
An exhaustive investigation into the security breach and subsequent fire incident at the Parliament precinct has yielded significant findings that call for immediate attention and comprehensive remedial actions. The investigation's primary objectives encompassed four critical aspects:
Security Breach Identification:
The investigation sought to identify the security breach that allowed an intruder unauthorized access to and unrestricted movement within the Parliament precinct for an extended period.
Breach Attribution:
It aimed to determine whether the breach resulted from technological, human resource, or other deficiencies in securing the Parliament precinct.
Security Enhancement Recommendations:
The investigation was tasked with formulating recommendations to strengthen overall security protocols and functions at Parliament.
Consequence Management Guidance:
Based on its findings, the investigation was to provide guidance on whether there was a justifiable basis for taking consequence management actions against any individuals involved.
The report presented by the investigative team highlighted the following crucial findings.
Fire Prevention and Security Breach Avoidance:
The report emphasized that the fire incident could have been prevented, or its extent limited, if certain critical measures had been in place. One such measure was the decision not to deploy Parliamentary Protection Services officers at night and on public holidays and weekends during the 2021/2022 compulsory leave period, which left Parliament vulnerable.
Systems and Maintenance Failures:
The investigation identified a range of systems and maintenance failures that significantly contributed to both the security breach and the failure to prevent and contain the fire. These failures encompassed issues such as the height of the perimeter fence, the absence of perimeter monitoring, a malfunctioning emergency exit door, deficiencies in fire panels, and an unreliable REMRAD system. The absence of on-site Parliamentary Protection Services officers further resulted in a lack of CCTV monitoring within the precinct.
Critical Concerns Requiring Immediate Action:
The report underscored pressing concerns that demand prompt attention and rectification, including non-compliance with established building regulations, inadequacies in maintenance practices, and shortcomings in the Safety, Health, and Environment (SHE) unit/audit. The absence of a designated Head of Security Management, the lack of a structured Security Committee, and delays in the security enhancement project were also highlighted as critical issues currently being addressed.
Heightened Vulnerability of Perimeter Fence:
A significant revelation was the heightened vulnerability posed by the Parliament's perimeter fence; a concern flagged as far back as 2004 by the South African Police Services (SAPS). Lapses in perimeter monitoring were identified, including an incident where a SAPS officer tasked with monitoring a motion-detection camera had been asleep when an intruder breached the fence. The investigation raised questions regarding SAPS patrols during that period and identified additional complications such as a malfunctioning CCTV video wall and a problematic emergency exit door.
Fire Safety Deficiencies:
The investigation revealed pervasive non-compliance with fire regulations and requirements across multiple facets, including smoke detectors, fire alarm panels, emergency notification systems, sprinkler systems, and evacuation route planning.
To address these critical issues, a comprehensive slate of recommended remedial actions has been outlined. These measures encompass the urgent implementation of recommendations from the BDO report, security risk assessments conducted by SAPS, and the swift appointment of a dedicated Head of Security Management. The establishment of an active Security Committee and the implementation of recommendations from internal audit reports related to security management and the SHE unit are also priorities. An exhaustive evaluation of fire compliance for all Parliament buildings, guided by a qualified fire engineer, will be conducted, and a coherent fire plan will be designed and implemented.
Recommended Consequence Management:
The report recommends consideration for consequence management procedures against five parliament officials for various failures, including the failure to implement security policies, ensure compliance with occupational health and safety standards, and establish a security committee as required.
Regarding the roles of other stakeholders, such as the Department of Public Works and Infrastructure (DPWI) and SAPS, in the failures that led to the security breach and fire incident in January 2022, it is recommended that the findings related to their involvement be disclosed in an appropriate forum. Additionally, consequential management and remedial actions should be taken to address these shortcomings.
In light of the identified fire safety deficiencies, a comprehensive approach is proposed to rectify these issues, including rational fire design, detailed risk assessments, enhanced fire safety systems, and regular maintenance by competent contractors.
Security enhancements are also deemed indispensable, and are being actively addressed, underscoring their paramount importance. To bolster security measures, a significant step has been taken with the establishment of a new senior position, Chief of Security, who reports directly to the Secretary to Parliament. This appointment acknowledges the critical role that a Chief of Security plays in safeguarding the integrity, safety, and smooth functioning of Parliament, ensuring that all security-related concerns are promptly and effectively addressed.
The investigation's findings underscore the urgency of implementing measures to fortify security and safety protocols within Parliament. The safety and security of Parliament's occupants are paramount, and these actions will ensure their constitutional right to a safe working environment.
3. Recruitment, Appointment, and Procurement Processes
In a comprehensive investigation into various aspects of Parliament's operations, several concerning trends and issues have come to light, highlighting the need for reforms and stricter adherence to regulations and policies. The investigation delved into three critical areas: recruitment and appointment processes, strategic positions, and procurement processes, each of which uncovered noteworthy findings.
Recruitment and Appointment Processes:
Allegations were made regarding the recruitment and appointment of employees, including concerns that individuals were appointed without meeting minimum requirements, and that existing employees were given preference. These allegations, raised by whistle-blowers and Nehawu, the union, prompted a thorough examination.
The report focused on the recruitment and appointment processes in certain management positions within Parliament. It was found that some employees appointed to these positions did not possess the minimum qualifications as advertised for the posts, and, in some cases, they were not the top scoring candidates.
A total of 35 appointments were analysed, and while 22 of them showed no irregularities, 11 appointments revealed significant concerns. These concerns highlighted a lack of proper record-keeping for essential documents and a recurring pattern of non-compliance with minimum job requirements among candidates. Additionally, the use of psychometric assessment results to validate compliance with requirements showed inconsistency. The investigation also identified the appointment of acting officials without the necessary qualifications, possibly indicating bias towards internal or acting employees. The recruitment process itself was found to be unfair and prejudicial towards other candidates, with some appointments being approved despite irregularities in the processes.
Strategic Positions:
The investigation identified several instances where minimum job requirements were not met. In total, six officials were implicated in various cases, with specific details as follows:
- Two officials failed to meet the minimum requirements in one case.
- Three officials failed to meet the minimum requirements in another case.
- An additional three officials were implicated in a separate case.
- One official was involved in the renewal of fixed-term contracts.
- Three officials were implicated in the alteration of scores.
Given the overlaps among these cases, further scrutiny is required to determine the full extent of involvement by these six individuals.
Non-Compliance Contraventions:
The identified non-compliance issues within HR policies and the code of conduct include a failure to conduct fair and equitable shortlisting processes, neglecting to assess the suitability of candidates meeting minimum requirements, a lack of adherence to acceptable standards in performing duties, and a disregard for Parliament's policies, procedures, rules, and regulations. These findings underscore the critical need for strict adherence to HR policies and codes of conduct to uphold fairness, transparency, and accountability in recruitment and employment practices.
Procurement Processes:
The investigation into procurement processes within Parliament's Supply Chain Management department also revealed significant instances of non-compliance with regulations and standards. Notable issues included inconsistent adherence to closing dates and times, inadequate rotation of bid committee members, a lack of controls regarding the identification of service providers in the database, irregular use of existing contracts, and the absence of legal vetting before procurement. Furthermore, contract extensions occurred without specific requirements or regulations guiding price thresholds, and there was a lack of oversight in many instances.
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Procurement processes in LSS
The investigation into the procurement practices of sector support staff (LSS) revealed several instances of non-compliance with critical legislative and regulatory requirements. Employees were found to have disregarded the Financial Management of Parliament Act, 2009, and Parliament's Supply Chain Management regulations during the procurement of service providers. Key areas of non-compliance included a lack of transparency, fairness, and competitiveness in procurement, as mandated by the Constitution. The procurement process within LSS was also inadequately implemented, and internal controls were ineffective. Additionally, LSS failed to suspend procurement processes upon detecting irregularities.
A recurring issue was the misalignment of LSS procurement practices with Parliament's policies, indicating deficiencies in their adherence to established guidelines. To address this, it was recommended that LSS establish and adhere to a formal procurement policy in line with South African laws.
Another concerning trend was LSS's reliance on EU procurement rules, which did not align with South African constitutional and parliamentary requirements. The procurement process lacked clear procedures, with decisions often reduced to mere "noting" by the Accounting Officer. There was no formal database or structured approach to selecting service providers, and no evidence of independent conflict of interest checks or due diligence. Furthermore, the Supply Chain Management unit failed to oversee LSS's procurement processes.
The report also suggested that a comprehensive assessment of the roles played by the six officials involved in procurement processes be undertaken to determine their accountability and identify areas for improvement. These findings underscore the need for LSS to rectify its non-compliant practices and ensure alignment with legislative and regulatory requirements, safeguarding Parliament's financial integrity and reputation.
4. CONCLUSION:
These findings emphasize the necessity of revising the current procurement regulations to align with Parliament's policies and ensure transparency and accountability.
This investigation has highlighted several areas within Parliament's operations that require immediate attention and reform. It underscores the need for stricter adherence to regulations, transparency, and fairness in recruitment, appointment, and procurement processes. Parliament is committed to addressing these issues promptly and thoroughly to uphold the highest standards of integrity and accountability.
The findings of this investigation have illuminated critical issues related to security, maintenance, and fire safety that demand immediate attention and remediation. Furthermore, examinations into Parliament's recruitment and appointment processes, as well as its procurement practices, have exposed significant trends that underscore the need for reforms and stricter adherence to policies and regulations.
While transparency and accountability remain paramount, the dissemination of detailed investigative reports is being prudently managed to protect ongoing processes and legal considerations, ensuring that the safety and security of Parliament's occupants continue to be a top priority.
