PORTFOLIO COMMITTEE PRESENTATION: BREAKDOWN OF CLAIMS AGAINST DCS – 2007/08

1

PORTFOLIO COMMITTEE PRESENTATION: BREAKDOWN OF CLAIMS AGAINST DCS – 2007/08

DEPARTMENT OF CORRECTIONAL SERVICES (DCS)

2

PURPOSE OF PRESENTATIONPURPOSE OF PRESENTATION

To brief the Portfolio Committee on the following:To brief the Portfolio Committee on the following:

Litigation claims against the Department of Correctional Litigation claims against the Department of Correctional Services (DCS);Services (DCS);

The challenges faced by the Department;The challenges faced by the Department;

Interventions to reduce litigation; andInterventions to reduce litigation; and

Progress report: Investigation on the irregular spending on Progress report: Investigation on the irregular spending on services related to the advertising of the DCS.services related to the advertising of the DCS.

3

BREAKDOWN OF DCS CLAIMSBREAKDOWN OF DCS CLAIMS

- The claims are categorised as follows:- The claims are categorised as follows:

AssaultAssault Unlawful DetentionUnlawful Detention Motor AccidentsMotor Accidents Medical CostsMedical Costs Pain and SufferingPain and Suffering Breach of ContractBreach of Contract Damage to PropertyDamage to Property Loss of PropertyLoss of Property Legal Costs, andLegal Costs, and RapeRape Death of Family MemberDeath of Family Member

4

BRIEF EXPLANATION OF THE PROCESSBRIEF EXPLANATION OF THE PROCESS

- An incident may or may not have occurred in terms of An incident may or may not have occurred in terms of which the inmate or employee would lodge a claim against which the inmate or employee would lodge a claim against the DCS. The process would then be as follows:the DCS. The process would then be as follows:

Letter of demands is received by the DCSLetter of demands is received by the DCS

DCS acknowledges receipt of the letter, conducts an DCS acknowledges receipt of the letter, conducts an investigation and responds to the claimantinvestigation and responds to the claimant

If claimant does not take matter further by issuing If claimant does not take matter further by issuing summons, then the matter does not proceedsummons, then the matter does not proceed

If summons are issued DCS enters appearance to defend If summons are issued DCS enters appearance to defend and where necessary negotiates settlement out of courtand where necessary negotiates settlement out of court

If matter not settled out of court, it will be set down for If matter not settled out of court, it will be set down for hearinghearing

If matter proceed to court hearing judgement will be given If matter proceed to court hearing judgement will be given to dismiss or award the claimto dismiss or award the claim

If an order is against DCS it will decide whether to appeal If an order is against DCS it will decide whether to appeal or implement the orderor implement the order

5

ASSAULTSASSAULTS

The claims for assaults in this financial year are as follows in The claims for assaults in this financial year are as follows in different Regions:different Regions:

EC: There were 82 claims with the total of R38.837.078-00 EC: There were 82 claims with the total of R38.837.078-00 (Amount paid = R372.069-11)(Amount paid = R372.069-11)

KZN: There were 10 claims with the total of R2.000.000-00 KZN: There were 10 claims with the total of R2.000.000-00 (Amount paid = R11.000-00)(Amount paid = R11.000-00)

FS & NC: There were 2 claims with the total of R784.688-68 FS & NC: There were 2 claims with the total of R784.688-68 (Amount paid = R0.00)(Amount paid = R0.00)

GP: There were 4 claims with the total of R1.801.966-00 GP: There were 4 claims with the total of R1.801.966-00 (Amount paid = R0.00)(Amount paid = R0.00)

H/O: No claimsH/O: No claims

LMN: There were 2 claims with the total of R4.000.000-LMN: There were 2 claims with the total of R4.000.000-00(Amount paid = R0.00)00(Amount paid = R0.00)

WC: There were 3 claims with the total of R3.070.000-00 WC: There were 3 claims with the total of R3.070.000-00 (Amount paid = R94.000-00)(Amount paid = R94.000-00)

6

BREAKDOWN OF CLAIMSBREAKDOWN OF CLAIMS

ASSAULTS: 2007/8 FY

R 0.00

R 5,000,000.00

R 10,000,000.00

R 15,000,000.00

R 20,000,000.00

R 25,000,000.00

R 30,000,000.00

R 35,000,000.00

R 40,000,000.00

R 45,000,000.00

REGION

TO

TA

L A

MO

UN

T C

LA

IME

D

ASSAULTS Total amount claimedper subject matter per region

R1,801,966.

R2,000,000.

R3,070,000.

R38,837,078

R784,688.68

R4,000,000.

R 0.00

ASSAULTS Total amount paid persubject matter per region

R 0.00 R11,000.00

R94,000.00

R372,069.11

R 0.00 R 0.00 R 0.00

GP KZN WC EC FS&NC LMN HO

7

UNLAWFUL DETENTIONUNLAWFUL DETENTION

The claims for unlawful detention in this financial year are as The claims for unlawful detention in this financial year are as follows in different Regions:follows in different Regions:

EC: There were 3 claims with the total of R10.011.980-00 EC: There were 3 claims with the total of R10.011.980-00 (Amount paid = R9.300-00)(Amount paid = R9.300-00)

KZN: There were 3 claims with the total of R700.000-00 KZN: There were 3 claims with the total of R700.000-00 (Amount paid = R0-00)(Amount paid = R0-00)




LMN: There were 6 claims with the total of R2.644.789-74 LMN: There were 6 claims with the total of R2.644.789-74 (Amount paid = R0.00)(Amount paid = R0.00)

WC: There was 1 claim with the total of R150.000-00 (Amount WC: There was 1 claim with the total of R150.000-00 (Amount paid = R0-00)paid = R0-00)

8


UNLAWFULL DETENTION 2007/8 FY

R 0.00

R 5,000,000.00

R 10,000,000.00

R 15,000,000.00

REGIONS

TOTA

L AM

OU

NTS

CLA

IME

D

UNLAWFUL DETENTIONTotal amount claimed persubject matter per region

R3,495,000.

00

R700,000.0

0

R150,000.0

0

R10,011,98

0.00

R945,000.0

0

R2,644,789.

74

UNLAWFUL DETENTIONTotal amount paid per subjectmatter per region

R 0.00 R 0.00 R 0.00 R9,300.00

R 0.00 R 0.00

GP KZN WC EC FS&NC LMN

9

MOTOR ACCIDENTSMOTOR ACCIDENTS

The claims for motor accidents in this financial year are as follows in The claims for motor accidents in this financial year are as follows in different Regions:different Regions:

EC: There were 2 claims with the total of R34.655-16 (Amount EC: There were 2 claims with the total of R34.655-16 (Amount paid = R0.00)paid = R0.00)

KZN: There were 6 claims with the total of R130.927-50 (Amount KZN: There were 6 claims with the total of R130.927-50 (Amount paid = R0.00)paid = R0.00)

FS & NC: There were 17 claims with the total of R230.516-33 FS & NC: There were 17 claims with the total of R230.516-33 (Amount paid = R42.166.94)(Amount paid = R42.166.94)

GP: There were 11 claims with the total of R344.406-18 (Amount GP: There were 11 claims with the total of R344.406-18 (Amount paid = R0.00)paid = R0.00)

H/O: There were 3 claims with the total of R27.041-37 (Amount H/O: There were 3 claims with the total of R27.041-37 (Amount paid = R0.00)paid = R0.00)

LMN: There were 7 claims with the total of R392.131-78 (Amount LMN: There were 7 claims with the total of R392.131-78 (Amount paid = R0.00)paid = R0.00)

WC: No claimsWC: No claims

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MOTOR ACCIDENTS 2007/8 FY

R 0.00

R 100,000.00

R 200,000.00

R 300,000.00

R 400,000.00

R 500,000.00

REGIONS

TOTA

L AM

OUN

T CL

AIM

ED

MOTOR ACCIDENTS Total amountclaimed per subject matter perregion

R344,406.1

8

R130,927.5

0

R 0.00 R34,655.16

R230,516.3

3

R392,131.7

8

R27,041.37

MOTOR ACCIDENTS Total amountpaid per subject matter per region

R 0.00 R 0.00 R 0.00 R 0.00 R42,166.94

R 0.00 R 0.00


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MEDICAL COSTSMEDICAL COSTS

The claims for medical costs in this financial year are as follows The claims for medical costs in this financial year are as follows in different Regions:in different Regions:

EC: No claims EC: No claims

KZN: There were 2 claims with the total of R1.000.000-00 KZN: There were 2 claims with the total of R1.000.000-00 (Amount paid = R0.00)(Amount paid = R0.00)

FS & NC: No claimsFS & NC: No claims

GP: There were 2 claims with the total of R120.000-00 GP: There were 2 claims with the total of R120.000-00 (Amount paid = R0.00)(Amount paid = R0.00)


LMN: No claimsLMN: No claims


12


MEDICAL COSTS 2007/8 FY

R 0.00

R 500,000.00

R 1,000,000.00

R 1,500,000.00

REGIONS

TOTA

L A

MO

UN

TS C

LAIM

ED

MEDICAL COSTS Total amountclaimed per subject matter perregion

R120,000.0

0

R1,000,000

.00

R 0.00 R 0.00 R 0.00 R 0.00 R 0.00

MEDICAL COSTS Total amountpaid per subject matter perregion

R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00


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PAIN AND SUFFERINGPAIN AND SUFFERING

The claims for pain and suffering in this financial year are as The claims for pain and suffering in this financial year are as follows in different Regions:follows in different Regions:

EC: No claimsEC: No claims

KZN: There were 2 claims with the total of R162.914-74 KZN: There were 2 claims with the total of R162.914-74 (Amount paid = R0.00)(Amount paid = R0.00)

FS & NC: There was 1 claim with the total of R1.405.023-00 FS & NC: There was 1 claim with the total of R1.405.023-00 (Amount paid = R0.00)(Amount paid = R0.00)




WC: There was 1 claim with the total of R3.800-00 (Amount WC: There was 1 claim with the total of R3.800-00 (Amount paid = R0.00)paid = R0.00)

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PAIN AND SUFFERING 2007/8 FY

R 0.00

R 1,000,000.00

R 2,000,000.00

R 3,000,000.00

R 4,000,000.00

R 5,000,000.00

R 6,000,000.00

REGIONS

TO

TA

L A

MO

UN

TS

CL

AIM

ED

P AIN AND SUFFERING Total amountclaimed per subject matter per region

R5,580,500.00

R 162,914.74 R 3,800.00 R 0.00 R1,405,023.00

R 0.00 R 0.00

P AIN AND SUFFERING Total amountpaid per subject matter per region

R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00


15

BREACH OF CONTRACTBREACH OF CONTRACT

The claims for breach of contract in this financial year are as The claims for breach of contract in this financial year are as follows in different Regions:follows in different Regions:


KZN: No claimsKZN: No claims



H/O: There were 3 claims with the total of R1.226.334-42 H/O: There were 3 claims with the total of R1.226.334-42 (Amount paid = R0.00)(Amount paid = R0.00)

LMN: There was 1 claim with the total of R475.970-00 LMN: There was 1 claim with the total of R475.970-00 (Amount paid = R0.00)(Amount paid = R0.00)


16


BREACH OF CONTRACT

R 0.00

R 200,000.00

R 400,000.00

R 600,000.00

R 800,000.00

R 1,000,000.00

R 1,200,000.00

R 1,400,000.00

REGION

TO

TA

L A

MO

UN

T C

LA

IME

D

BREACH OF CONTRACT Totalamount claimed per subjectmatter per region

R1,297,18

1.69

R 0.00 R 0.00 R 0.00 R 0.00 R475,970.

00

R1,226,33

4.42

BREACH OF CONTRACT Totalamount paid per subject matterper region

R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00


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DAMAGE TO PROPERTYDAMAGE TO PROPERTY

The claims for damage to property in this financial year are as The claims for damage to property in this financial year are as follows in different Regions:follows in different Regions:

EC: There was 1 claim with the total of R8.991-80 (Amount EC: There was 1 claim with the total of R8.991-80 (Amount paid = R666-00)paid = R666-00)


FS & NC: There was 1 claim with the total of R26.591-00 FS & NC: There was 1 claim with the total of R26.591-00 (Amount paid = R0.00)(Amount paid = R0.00)

GP: No claimsGP: No claims


LMN: There was 1 claim with the total of R2.018.861-00 LMN: There was 1 claim with the total of R2.018.861-00 (Amount paid = R0.00)(Amount paid = R0.00)


18


DAMAGE TO PROPERTY

R 0.00

R 500,000.00

R 1,000,000.00

R 1,500,000.00

R 2,000,000.00

R 2,500,000.00

REGIONS

TOTA

L AM

OUN

T CL

AIM

DAMAGE TO P ROP ERTY Total amountclaimed per subject matter per region

R 0.00 R 0.00 R 0.00 R 8,991.80 R 26,591.00 R2,018,861.00

R 0.00

DAMAGE TO P ROP ERTY Total amountpaid per subject matter per region

R 0.00 R 0.00 R 0.00 R 666.00 R 0.00 R 0.00 R 0.00


19

LOSS OF PROPERTYLOSS OF PROPERTY

The claims for loss of property in this financial year are as The claims for loss of property in this financial year are as follows in different Regions:follows in different Regions:

EC: There was 1 claim with the total of R885-00 (Amount EC: There was 1 claim with the total of R885-00 (Amount paid = R0.00)paid = R0.00)

KZN: There was 1 claim with the total of R47.817-00 KZN: There was 1 claim with the total of R47.817-00 (Amount paid = R0.00)(Amount paid = R0.00)




LMN: No claims LMN: No claims


20


LOSS OF PROPERTY 2007/8 FY

R 0.00

R 50,000.00

R 100,000.00

R 150,000.00

REGIONS

TOTA

L AM

OUN

TS C

LAIM

ED

LOST PROPERTY Totalamount claimed per subjectmatter per region

R2,680.00

R 0.00 R 0.00 R 885.00 R138,715.

00

R 0.00 R 0.00

LOST PROPERTY Totalamount paid per subjectmatter per region

R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00


21

LEGAL COSTSLEGAL COSTS

The claims for legal costs in this financial year are as follows in The claims for legal costs in this financial year are as follows in different Regions:different Regions:

EC: No claimsEC: No claims KZN: No claimsKZN: No claims

FS & NC: No claimsFS & NC: No claims GP: No claimsGP: No claims



WC: There was 1 claim with the total of R4000-00 (Amount WC: There was 1 claim with the total of R4000-00 (Amount paid = R0.00)paid = R0.00)

22


LEGAL COSTS

R 0.00

R 2,000.00

R 4,000.00

R 6,000.00

REGIONS

TOTA

L AM

OUN

T CL

AIM

ED

Total amount claimed per subject matterper region

R 0.00 R 0.00 R 4,000.00 R 0.00 R 0.00 R 0.00 R 0.00

Total amount paid per subject matter perregion

R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00


23

RAPERAPE

The claims for rape in this financial year are as follows in The claims for rape in this financial year are as follows in different Regions:different Regions:

EC: There was 1 claim with the total of R500.000-00 EC: There was 1 claim with the total of R500.000-00 (Amount paid = R0.00)(Amount paid = R0.00)



GP: There was 1 claim with the total of R5.000.000-00 GP: There was 1 claim with the total of R5.000.000-00 (Amount paid = R0.00)(Amount paid = R0.00)




24


RAPE: 2007/08 FY

R 0.00

R 2,000,000.00

R 4,000,000.00

R 6,000,000.00

REGIONS

TOTA

L AM

OUNT

CLA

IMED

RAP E Total amount claimed per subject matterper region

R 5,000,000.00 R 0.00 R 0.00 R 500,000.00 R 0.00 R 0.00

RAP E Total amount paid per subject matter perregion

R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00


25

DEATH OF FAMILY MEMBERDEATH OF FAMILY MEMBER

The claims for death of family member in this financial year are The claims for death of family member in this financial year are as follows in different Regions:as follows in different Regions:


KZN: There was 1 claim with the total of R220.000-00 KZN: There was 1 claim with the total of R220.000-00 (R0.00 paid).(R0.00 paid).






26


DEATH OF FAMILY MEMBER

R 0.00

R 100,000.00

R 200,000.00

R 300,000.00

REGION

TOTA

L AM

OUN

T CL

AIM

ED

RAP E Total amount claimed per subjectmatter per region

R 0.00 R 220,000.00 R 0.00 R 0.00 R 0.00 R 0.00

RAP E Total amount paid per subjectmatter per region

R 0.00 R 0.00 R 0.00 R 0.00 R 0.00 R 0.00


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SUMMARY OF CLAIMS MADE NATIONALLYSUMMARY OF CLAIMS MADE NATIONALLY

The total claims made nationally are as follows:The total claims made nationally are as follows:

Assaults = 109Assaults = 109

Unlawful Detention = 26Unlawful Detention = 26

Motor Accidents = 46Motor Accidents = 46

Medical Costs = 4Medical Costs = 4

Pain and Suffering = 10Pain and Suffering = 10

Breach of Contract = 7Breach of Contract = 7

Damage to Property = 3Damage to Property = 3

Loss of Property = 4Loss of Property = 4

Legal Costs = 1Legal Costs = 1

Rape = 2Rape = 2

Death of Family = 1Death of Family = 1

TOTAL = 213TOTAL = 213

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SUMMARY OF CLAIMS MADE NATIONALLYSUMMARY OF CLAIMS MADE NATIONALLY

SUBJECT MATTER TOTAL NUMBER

TOTAL CLAIMED

TOTAL PAID

Assaults 109 R50.493.732-68 R477.069-11

Unlawful Detention 26 R17.948.769-74 R9.300-00

Motor Accidents 46 R1.159.678-32 R42.166-94

Medical Costs 4 R1.120.000-00 R0.00

Pain and Suffering 10 R7.152.237-74 R0.00

Breach of Contract 7 R2.999.486-11 R0.00

Damage to Property 3 R2.054.443-80 R666-00

Loss of Property 4 R62.837-00 R0.00

Legal Costs 1 R4.000-00 R0.00

Rape 2 R5.500.000-00 R0.00

Death of Family Member 1 R220.000-00 R0.00

TOTALTOTAL 213213 R88.713.185-39R88.713.185-39 R529.202-05R529.202-05

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CLAIMS BY DCSCLAIMS BY DCS 2007/8 FY

R 0.00

R 50,000.00

R 100,000.00

R 150,000.00

R 200,000.00

R 250,000.00

R 300,000.00

R 350,000.00

R 400,000.00

GP R 244,713.20 R 46,249.80

KZN R 0.00 R 0.00

WC R 0.00 R 0.00

EC R 0.00 R 0.00

FS&NC R 19,399.57 R 0.00

LMN R 19,399.57 R 0.00

HO R 65,649.37 R 0.00

Total amount claimed per subject matter per region

TOTAL RECEIVED

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CONCLUDING REMARKS ON CLAIMSCONCLUDING REMARKS ON CLAIMS

The following should be noted with regard to claims:The following should be noted with regard to claims:

Inmates, and at times employees, institute claims for Inmates, and at times employees, institute claims for exorbitant amounts against the DCSexorbitant amounts against the DCS

Most of the claims are not pursued beyond the letter of Most of the claims are not pursued beyond the letter of demanddemand

In most instances, where the claims are pursued beyond In most instances, where the claims are pursued beyond the letter of demand, the judgement or settlement will be the letter of demand, the judgement or settlement will be far less than the initial amount claimedfar less than the initial amount claimed

In some cases no fault can be apportioned to the DCS and In some cases no fault can be apportioned to the DCS and no payment is made no payment is made

In cases where the DCS has to pay due to the fault of In cases where the DCS has to pay due to the fault of officials, such officials have to compensate the DCS for officials, such officials have to compensate the DCS for losses sustained if state cover has been forfeited - e.g. losses sustained if state cover has been forfeited - e.g. motor vehicle accidents and assaultsmotor vehicle accidents and assaults

In some cases the claims are abandoned by the claimant In some cases the claims are abandoned by the claimant after receipt of summons by the DCSafter receipt of summons by the DCS

31

CHALLENGES FACING DCS ON LITIGATIONCHALLENGES FACING DCS ON LITIGATION

Some managers not ensuring compliance with policies of Some managers not ensuring compliance with policies of

the Department.the Department.

Some managers failing to take proper action against Some managers failing to take proper action against employees transgressing against legislation and policies employees transgressing against legislation and policies of the Department and government.of the Department and government.

Department has no control over period it takes to finalize Department has no control over period it takes to finalize the matter.the matter.

Use of manual database – cumbersome and not cost-Use of manual database – cumbersome and not cost-saving.saving.

Proper library for Legal Services.Proper library for Legal Services. Increase capacity of legal staff.Increase capacity of legal staff.

32

WHAT IS DCS DOING TO REDUCE CLAIMS?WHAT IS DCS DOING TO REDUCE CLAIMS?

Roadshows on prominent legal issues and decided cases Roadshows on prominent legal issues and decided cases affecting the Department are conducted. Roadshows already affecting the Department are conducted. Roadshows already conducted in four regions: FS& NC, WC, LMN, and H/O. EC, KZN conducted in four regions: FS& NC, WC, LMN, and H/O. EC, KZN and GP to be finalized before end of financial year.and GP to be finalized before end of financial year.

Where fault is attributable to the official’s gross negligence claim Where fault is attributable to the official’s gross negligence claim to be made against his or her salary / pension fund.to be made against his or her salary / pension fund.

Timeous response to letters of demands . Timeous response to letters of demands .

Monitor litigation trends and develop strategies to deal with Monitor litigation trends and develop strategies to deal with prominent legal issues.prominent legal issues.

DCS currently developing an electronic database system to DCS currently developing an electronic database system to enable monitoring of cases and trends.enable monitoring of cases and trends.

Continuous research on case law and legislation to properly Continuous research on case law and legislation to properly advise decision-makers. advise decision-makers.

Alignment of structure will address the problem of capacity in Alignment of structure will address the problem of capacity in Legal Services.Legal Services.

33

PROGRESS REPORT: IRREGULAR SPENDING ON SERVICE RELATED PROGRESS REPORT: IRREGULAR SPENDING ON SERVICE RELATED TO ADVERTISING DCS ON THE INTRANETTO ADVERTISING DCS ON THE INTRANET

Investigation is about the failure to follow procurement procedures Investigation is about the failure to follow procurement procedures when profiling the DCS on the internet, thereby resulting in irregular when profiling the DCS on the internet, thereby resulting in irregular expenditure in terms of the Public Finance Management Act, 1999 expenditure in terms of the Public Finance Management Act, 1999 (PFMA).(PFMA).

Findings: Findings:

- No approval to dispense with competitive bidding process was - No approval to dispense with competitive bidding process was obtained from delegated authority. obtained from delegated authority.

-- Director Director committed an act of financial misconduct in terms of committed an act of financial misconduct in terms of section 81 (1) (b) of the PFMA. Written warning was given to the section 81 (1) (b) of the PFMA. Written warning was given to the official.official.

- Deputy Director committed the financial misconduct by - Deputy Director committed the financial misconduct by irregularly irregularly procuring a service without following procurement procuring a service without following procurement procedures.procedures.

- Deputy Director resigned.- Deputy Director resigned.

The procurement of the services were necessary to the DCS since The procurement of the services were necessary to the DCS since the DCS was hosting the CESCA Conference and the SADC games in the DCS was hosting the CESCA Conference and the SADC games in 2006. it was therefore important to maximize the marketing as widely 2006. it was therefore important to maximize the marketing as widely as possible in line with the DCS image turnaround strategy.as possible in line with the DCS image turnaround strategy.

34

Thank you

“An age of hope, a national effort for corrections, rehabilitation and social integration”

Documents

PORTFOLIO COMMITTEE PRESENTATION: BREAKDOWN OF CLAIMS AGAINST DCS – 2007/08