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07 April 2006: No 20/06

THEFT OF STATE PROPERTY (RATIONS) IN THE DOD

In recent cases of misconduct by PSAP concerning unauthorised possession and/or theft of State property (rations), a number of employees claimed that personnel working at a mess were in general entitled to rations at State cost.

It furthermore seems that the policy concerning “rations” as contained in C SANDF Dir 4/11 dated 30 June 1990 as well as the further Supplementary Instruction by the Logistics Division, reference C LOG/DSSS/-R/406/6/54 dated 3 May 2004, are not applied consistently throughout the DOD: hence the claims by the aforesaid employees.

In the Supplementary Instruction referred to above, the Logistics Division clarifies the position on the provision of rations as follows in paragraph 2: “… Chapter 2, paragraph 5 of C SANDF Dir 4/11 states that rations can be supplied at State cost to several categories of personnel, including caterers and living-out personnel who must, as part of their duties, be on duty at least two hours before or two hours after official working hours.

It would seem as if this paragraph has been interpreted as allowing DAP caterers (excluding PSAP working in messes) to consume rations at State cost when they work shifts.

Such an interpretation is, however, erroneous, not only in its discrimination against PSAP, but also in the interpretation of ‘official working hours’.

Official working hours are defined as those hours that must be worked by employees of the State, and can include normal day hours (ie 07h45 to 16h15), flexi-hours, or shifts, as long as they constitute a 40-hour week.

This means that if a caterer (or any other DAP or PSAP mess personnel) has to start a shift at, for example 05h00, that member is not entitled to rations at State cost, unless it is required of the member to report at least two hours before 05h00.

The same goes for a member whose shift ends at, for example, 19h00. He/She is not entitled to rations at State cost, unless it is required of the member to stay on duty at least two hours longer.”

Chapter 2, paragraph 43 of C SANDF Dir 4/11 furthermore provides for the following:

“By-products of ration items such as vegetable cuttings, peelings, other waste (including rations not officially used during meals) and ration items not fit for further human use in the kitchen of the club or mess concerned, shall be sold for the benefit of the State by annual tender invited by the supply officer or equipment officer and the proceeds shall be paid into revenue.”

In view of the above, it is thus clear that personnel working at a mess are only entitled to rations should it be required of them to report for duty at least two hours before or two hours after official working hours.

Under no other circumstances shall personnel working at a mess, and who have to perform duties under normal circumstances, be entitled to rations at State cost.

The only exemptions in this regard will be personnel who qualify for rations as specified in Chapter 2, paragraph 5 of C SANDF Dir 4/11.

Based on the consistent application of discipline in the DOD, and to prevent arbitrary, capricious or unfair discriminatory actions by the employer toward employees, an appeal is made to all officials of the DOD to comply with Policy Directives/Instructions of the Department of Defence.

Failure to do this will be investigated, heard and disposed of in terms of the statutory or other conditions of appointment or employment applicable to the transgressor.

Any enquiries in this regard may be forwarded to Advocate S.S. Thoka, tel (012) 339 – 5022.