INTRODUCTION OF THE ROAD TRAFFIC INSPECTORATE RECRUITMENT COMMISSION OF INQUIRY BY DR ZWELI MKHIZE, PREMIER OF THE PROVINCE OF KWAZULU-NATAL, APRIL 24 2013

I welcome members of the media to this briefing,

In terms of section 127(2)(e) of the Constitution of the Republic of South Africa of 1996 (Act 108 of 1996), read with section 2(1) of the KwaZulu-Natal Commissions Act, 1999 (Act No. 3 of 1999), on the 28^th February 2013 I, in my capacity, as the Premier of the Province of KwaZulu-Natal appointed a Commission of Enquiry to investigate matters of public and Provincial concern arising out of the recruitment of Road Traffic Inspectorate personnel by the KwaZulu-Natal Department of Transport which resulted in death and physical injury to certain prospective candidates short-listed for, and participating in, a fitness test conducted on 27 and 28 December 2012.

May I take this opportunity to introduce the members of the Road Traffic Inspectorate Recruitment Commission of Inquiry:-

1. Advocate Thandi Victoria Norman SC, the Chairperson

2. Reverend Ruben Philip, Commissioner

3. Advocate Thandanani Sihle Innocent Mthembu, Commissioner

4. Mr Sithembiso Kunene, Evidence Leader

5. Ms Bongekile Zulu, Investigator

6. Mr Dumisani Xaba, Secretary of the Commission. 

TERMS OF REFERENCE

The Commission is appointed to investigate and report on the recruitment process in the Province which culminated in prospective candidates participating in a fitness test conducted on 27 and 28 December 2012, including but not limited to -

(a) the direct and indirect causes and reasons for the deaths of, and physical injury to, certain prospective candidates;

(b) the appropriateness or otherwise of all planning, co-ordination, management and administrative processes undertaken for the recruitment process, in general, and the fitness test, in particular;

(c) the appropriateness or otherwise of all co-ordination, management and administrative processes and procedures implemented on 27 and 28 December 2012;

(d) the appropriateness of any contingency planning and arrangements made either prior to or during the event;

(e) whether or not sufficient medical resources were deployed;

(f) whether or not sufficient refreshment and ablution facilities were provided;

(g) whether or not all statutory requirements were adhered to; and

(h) whether or not the act or omission of any person employed in any sphere of government, either directly or indirectly, through negligence or otherwise, contributed to the death or injury of any person.

The Commission must make recommendations -

(a) towards reconciliation and possible disciplinary action or criminal prosecution, with a view to assisting in bringing closure to the families and friends of the prospective candidates who lost their lives during, and as a result of, the fitness test conducted on 27 and 28 December 2012; and

(b) on any other matter of whatsoever nature that the Commission deems necessary or appropriate;

The provisions of the KwaZulu-Natal Commissions Act, 1999, are applicable to the Commission: Provided that the Commission must produce and submit its final detailed report containing a summary of the evidence, its findings and recommendations no later than six months after the date of the Proclamation;

The Office of the Premier is responsible for the financing of the Commission. The cost of the Commission shall be determined by the Provincial Treasury established in terms of the KwaZulu-Natal Exchequer Act, 1994 (Act No.1 of 1994). The Provincial Treasury is currently looking into this matter.

The Commission must submit interim reports and recommendations to the Premier each month prior to the final report being presented to the Premier. The Commission must complete its work within a period of five months and must submit its final report to the Premier within a period of one month after the date on which the Commission completes its work.

Members of the public who are in possession of information which may be relevant to the matters to be enquired into by the Commission and who wish to give evidence before the Commission are invited to contact the Secretary of the Commission to arrange a time and place where they may testify before the Commission. The Secretary can be contacted at the 191 Peter Ketchoff Street (formerly Boschoff Street), Room Number 5, Telephone Number 033 341 7127 or Room Number 6, 033 341 7050 or Cellphone 072 0390353.

The sittings of the commission are scheduled as follows:-

Venue : Royal Showgrounds Hall Six (6)

Time : 9am to 16h00

Dates : 29th April, 30^th April, 2^nd May

The Commission may, in its final report and any interim report it submits, make such recommendations as it deems fit. The Commission may, where appropriate, refer any matter regarding the conduct of any person for prosecution or further investigation to the appropriate agency, department or body. These terms of reference may be added to, varied or amended from time to time.

Since I announced the appointment of the commission on the 28^th February 2013, members of the commission have held a number of meetings. More importantly, the evidence leader and the investigator have met with families of the deceased persons and the victims in various parts of the province. Some families have indicated that they require legal aid and in this regard, the commission has assisted families to obtain legal services from the Legal Aid Board.

Each family of the deceased has been requested to appoint one member of the family to represent the family and accommodation will be provided. Transportation will also be arranged for the families of the deceased persons and the victims who were seriously injured during the recruitment on the 27^th December. The department of health will provide health services throughout the sitting of the commission. In addition, the Department of Social Development will also provide counselling to the families and the victims throughout the sitting of the Commission.

As I conclude my remarks I want to reiterate that by appointing the RTI Recruitment Commission of Inquiry, the KwaZulu-Natal Provincial Government want to demonstrate its commitment to adhering to the principles of Batho Pele - putting "People First". Some of the principles include:-

Consultation - government is expected at all times to communicate with members of the public about its services. When there are complaints about the conduct of government officials and about the service rendered government must always consult with the public.

Transparency and Openness - in order to demonstrate that this is a democratic country, KZN government must be transparent in the way it conducts its affairs.

Redress - members of the public must be offered alternatives and apologies for undelivered services and for failures.

Courtesy - the code of conduct for public servants, which was issued by the Public Service Commission on 10 June 1997, indicates that "the public servants should treat their customers with courtesy and that customers are entitled to receive the highest standards of service.

Information - in a democratic country such as ours, citizens should be given full and accurate information about the affairs of government and its services.

Issued by the Office of the KwaZulu-Natal Premier, April 23 2013

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