/ 23 August 2004

SAHRC denies report of financial irregularities

The South African Human Rights Commission (SAHRC) denied on Monday allegations of financial irregularities made by the head of its finance and administration department (HOD).

”There is simply no basis to the allegations made by the HOD, Colin Braude, as is evidenced by the findings of an independent external forensic audit.

”After an extensive process, which included an interview with Braude, the independent external forensic report concluded that the results of our investigation have refuted the allegations of irregular, fruitless and wasteful expenditure,” SAHRC spokesperson Clare Wyllie said in a statement.

The commission’s statement followed a report in the Sunday Independent, claiming the commission ”suspended a whistle-blower within its own ranks, at a time when the public protector was calling for the protection of people who expose corruption in government departments”.

The article said Braude was ordered to go on administrative leave after finding what he said were financial irregularities in the commission’s records.

Braude claimed to have uncovered a litany of wasteful expenditures by senior management of the SAHRC, which receives an annual budget of R35-million from the government.

No hearing pending

Wyllie said there was no disciplinary hearing pending against Braude.

”He is on compulsory leave and is not suspended. Compulsory leave was granted to allow him time to prepare for the performance appraisal process and to enable the commission to function effectively.”

She said Braude began working for the commission in December 2003. By February 2004 problems had arisen with regard to his performance.

”These areas of non-performance or poor performance were also raised in writing by both the internal audit committee, as well the internal auditors, and related to substantial areas of non-performance.

”The issue of the HOD’s performance had thus been raised well before he decided to write to the auditor general and others and the suggestion that he was being victimised because of his disclosures cannot be sustained simply on account of the timeline of communications.”

Wyllie said when Braude wrote to the auditor general on April 13 2004, he was aware that both the internal auditors and the internal audit committee had already raised the matter of his poor performance.

Commission entitled to review employees

She said the commission as Braude’s employer was entitled to ensure proper performance of his duties as a senior manager and, where that was not forthcoming, to review his performance accordingly.

”It is that process which is currently under way. There is simply no truth in the allegation that he is being disciplined or victimised for writing to the auditor general.

”The truth of the matter is that he was unable to adequately perform his duties as head of department and these concerns were raised with him early in February already — well before his decision to write to the auditor general.”

Wyllie said while the SAHRC remains concerned about the loss of staff, it is wholly incorrect to suggest that about 30 people left the employ of the commission recently — ”moreover because of unpleasantness”.

”As indicated we are a relatively small organisation and thus the prospects of mobility are limited. Nevertheless, the commission is committed to doing all it can to ensure that it is able to retain competent staff.”

Wyllie said the SAHRC will continue to work to uphold the values enshrined in the Constitution, including those that support protected disclosures. — Sapa