ANNUAL - KZN Liquor Authority
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K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 full colour logo ANNUAL REPORT 2018/2019 greyscale logo “TO POSITION black and white ‘fax frien THE AUTHORITY AS A LEADING, DISTINGUISHED AND EFFECTIVE LIQUOR REGULATOR IN THE COUNTRY” 1
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 VISION To position the Authority as a leading, distinguished and effective Liquor Regulator in the country MISSION To ensure strict regulation and control of the retail sale and micro – manufacturing of liquor in the Province of KwaZulu-Natal through effective policies, strategies and partnerships VALUES • Accountability • Fairness • Integrity • Efficiency • Responsiveness • Progressiveness • Transparency The KwaZulu-Natal Liquor Authority (KZNLA), listed as a Schedule 3c Public Entity in terms of the PFMA. The KZNLA, was established in terms of the KwaZulu-Natal Liquor Licensing Act, (Act no. 06 of 2010). The KZNLA has organisational presence in each of the Municipal Districts in the Province. The District Offices are staffed by fewer teams as compared to the head office, comprising of a District Social Responsibility Practitioner, an Inspector/s and a Local Committee Secretary. The District offices have enabled the organisation to effectively perform its mandate and ensure ease of access to its stakeholders, and critically the public. 2
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 CONTENTS: MEC’S FOREWORD ...............................................................................................................................4 ACRONYMS .............................................................................................................................................6 PART A: GENERAL INFORMATION .................................................................................................7 CHAIRPERSONS STATEMENT ...........................................................................................................9 BOARD OF DIRECTORS .................................................................................................................... 11 CHIEF EXECUTIVE OFFICER’S REPORT....................................................................................... 15 STATEMENT OF RESPONSIBILITY ................................................................................................ 17 PERFORMANCE INFORMATION ................................................................................................... 18 EXECUTIVE MANAGEMENT TEAM .............................................................................................. 19 HUMAN RESOURCES OVERSIGHT STATISTICS ...................................................................... 24 GOVERNANCE REPORT ................................................................................................................... 27 AUDIT AND RISK COMMITTEE ..................................................................................................... 28 HUMAN RESOURCES AND REMUNERATION COMMITTEE .............................................. 30 FINANCE COMMITTEE .................................................................................................................... 31 SOCIAL AND ETHICS COMMITTEE ............................................................................................. 32 BOARD’S ADJUDICATION COMMITTEE ................................................................................... 33 AUDIT REPORT .................................................................................................................................... 34 REPORT OF THE AUDITOR GENERAL ........................................................................................ 36 ANNUAL FINANCIAL STATEMENTS ............................................................................................ 39 3
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 MRS N DUBE-NCUBE, MPL MEC: ECONOMIC DEVELOPMENT, TOURISM AND ENVIRONMENTAL AFFAIRS MEC’S FOREWORD Alia Bhatt once said: “Whatever you do, do with Enforcement inspectors will continue to develop determination. You have one life to live; do your collaborative relationships with law enforcement work with passion and give your best. Whether agencies and other government departments to you want to be a chef, doctor, actor, or a mother, ensure compliance and closure of mushrooming be passionate to get the best result.” illegal outlets. Effective and efficient service delivery, coupled with customer care and service As I embark on my journey as the new MEC for the excellence cannot be over emphasized. Department of Economic Development, Tourism and Environmental Affairs, I am confident, I maintain that while the legislative mandate of eager and enthusiastic of the work and service the KZNLA is to control the retail sale and micro- delivery of the KwaZulu-Natal Liquor Authority. manufacturing of liquor in the Province, it is The entity, since its inception in 2012 and the extremely vital and important that we continue commencement of the current Liquor Act (Act 06 to educate and raise awareness of the dangers of 2010), has made tremendous strides in ensuring of binge drinking, underage liquor consumption a seamless transaction and a transparent and fair and drinking and driving. To ensure the emphasis liquor application process. of this, the need for a collaborative relationship between us in the public sector, the private sector I am quite determined to take and carry the baton and communities is of extreme significance. of success and hard work from my predecessor and now Premier of KwaZulu-Natal, Mr Sihle Zikalala. Ensuring compliance and enforcement of the Under his vigorous leadership, the Department liquor Act is critical and important if the KZN Liquor and its Entities has ensured visibility throughout Authority wishes to remain relevant and credible. the Province and continued to prioritize service I am exuberant of the strides and approach the delivery. Entity has taken in ensuring it prioritizes on service delivery, education and awareness. With While the liquor business continues to contribute the support of communities and law enforcement towards the provinces and country’s economy, agencies who are expected to play an integral it is equally as important to recognize that these role in the District Liquor Forums, I am looking businesses have a responsibility of ensuring proper forward to a healthy relationship between the and compliant trade. Sale of alcohol to pregnant Liquor Industry players on the one hand and the women and underage pupils; drunk driving and Liquor Forum on the other. Various hindrances sale of alcohol to drunk and intoxicated patrons and challenges have the potential to be attended must be prevented at all costs. to, dealt with and dispensed at a District level. Effective compliance and enforcement of the This can only happen and manifest if the Liquor Act continue to become a top priority for relationship with key stakeholders are built on the KZN Liquor Authority. Our Compliance and trust and confidence. I can only hope and trust 4
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 that the KZN Liquor Authority has made great adhere to the Bato-Pele principles of putting advances in developing strategic relationships people first. I also look forward to working closely with a number of stakeholders in furtherance of with the Entity’s Board of Directors with whom, I its objectives. am confident we will build a formidable working relationship that will move the entity forward and I cannot, again, further emphasize the importance maintain its high level status. of service delivery and pursuing the province’s commitment of radical, social and economic transformation. The introduction of the new Liquor Management System (eLMS) is testament that the KZN Liquor Authority is taking huge strides in bettering and developing its liquor application system. The system promises great advancement in the entire approach and liquor licensing process. The approved Marketing and Communications Strategy also seeks to mould, shape and introduce more practical and free flowing communication channels with the public and our stakeholders. _________________________________________ In conclusion, I would like encourage staff, Executive and Management team to continue MS NOMUSA DUBE-NCUBE, MPL to work hard and fly the entity’s flag high. Let us MEC: KWAZULU-NATAL ECONOMIC DEVELOPMENT, work together in improving service delivery and TOURISM AND ENVIRONMENTAL AFFAIRS 5
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 ACRONYMS: AG AUDITOR GENERAL CEO CHIEF EXECUTIVE OFFICER CFO CHIEF FINANCIAL OFFICER EDTEA DEPARTMENT OF ECONOMIC DEVELOPMENT, TOURISM AND ENVIRONMENTAL AFFAIRS HR HUMAN RESOURCES IT INFORMATION TECHNOLOGY KZNLA KWAZULU-NATAL LIQUOR AUTHORITY LMS LIQUOR MANAGEMENT SYSTEM MEC MEMBER OF THE EXECUTIVE COUNCIL MTEF MEDIUM TERM EXPENDITURE FRAMEWORK NGO NON GOVERNMENT ORGANISATION SALGA SOUTH AFRICAN LOCAL GOVERNMENT ASSOCIATION LLS LIQUOR LICENSING SYSTEM 6
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 PART A: G E N E R A L I N F O R M AT I O N 7
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 GENERAL INFORMATION: REGISTERED OFFICE: Sector, collaborative relationship with the liquor industry and 1st Floor, The Marine Building, 22 Dorothy Nyembe Street the community are required. The Authority understands that (Gardiner Street), Durban, 4000 public, private and community partnerships are critical for the organisation to remain relevant and effective. POSTAL ADDRESS: Key Stakeholders include: P.O Box 2853, Durban, 4000 • Government Departments (National, Provincial and Local); AUDITORS: • District and Local Municipalities External – Auditor General • NGO’s, Liquor Traders and Liquor Trader Associations Internal - NEXIA-SAB&T • Liquor Manufacturers and Distributors BANKERS: • Law Enforcement Agencies ABSA Bank, KZN Provincial Banking Branch • Justice Cluster and Other Cabinet Clusters • Media STATUTORY AND LEGISLATIVE MANDATE OF THE • Existing Community Structures KWAZULU-NATAL LIQUOR AUTHORITY The mandate of the KwaZulu-Natal Liquor Authority is to • National and Provincial Liquor Authorities ensure that the objectives of the KZN Licensing Act are • Suppliers/Service Providers accomplished. The KZN Liquor Licensing Act lists the following as objectives: STRATEGIC GOALS OF THE KZN LIQUOR AUTHORITY • To provide for the regulation of the micro-manufacturing The following key strategic goals are required to give effect and retail sale of liquor; to the statutory mandate and strategic objectives of the KZN • To reduce the socio-economic and other costs of alcohol Liquor Authority. These strategic goals and objectives serve abuse; over the Medium Term Expenditure Framework (MTEF) period • To provide for public participation in the consideration of to enable KZNLA to achieve on its mandate. applicants for registration; and STRATEGIC GOALS • To promote the development of a responsible and sustainable retail and micro-manufacturing liquor 1. To provide for an effective regulatory environment industry in a manner that facilitates: 2. To implement effective corporate governance processes in - The entry of new participants into the industry; the Liquor Authority - Diversity of ownership in the industry; and 3. To develop and implement an effective communications strategy for the organisation - An ethos of social responsibility in the industry 4. To attract, nurture and retain skills within the organisation STAKEHOLDER ANALYSIS 5. To implement sound financial management and effective The KZN Liquor Authority identified a number of key and reliable information management systems stakeholders, and has furthermore, through its District 6. To implement an effective liquor licensing process Offices, has established strategic relationships with these critical stakeholders, for the purpose of ensuring the key 7. To ensure compliance with the Liquor licensing legislation objectives of the organisation are achieved. The organisation 8. To advocate for an informed, efficient and seamless liquor acknowledges that for the success and sustainability of the regulatory environment 8
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 MS M P MYENI CHAIRPERSON: BOARD OF DIRECTORS CHAIRPERSONS STATEMENT The year under review presents and has been During the year under review, the Liquor quite challenging and immensely rewarding in Authority has introduced and is implementing many aspects. The Entity has faced and endured a new Marketing and Communications many challenges and obstacles, but it is our Strategy to better ensure communication and sheer determination and perseverance that has transparency with our stakeholders, public ensured that we as an Entity prevail at all times. and license holders and applicants. Our new Licensing Management System (LMS) will and is In our continuous quest of adhering to the contributing tremendously in fast-tracking the KwaZulu-Natal Liquor Act (Act 06 of 2010) Liquor licensing process. and upholding to our mandate of properly regulating and controlling the retail sale and We concede that the abuse of liquor continues micro-manufacturing of liquor in Province of to be a major contributory factor to many KwaZulu-Natal, the KZN Liquor Authority has unnecessary deaths and acts of violence in continued to grow in leaps and bounds in the our country and the Province. All of us are purse of full compliance with the Act through concerned about the devastating effects that the operations of various Business Units and alcohol abuse has on the individual, family, stakeholder engagements. community and the nation. It is with these reasons that we not only prioritize on the liquor I euphorically applaud the KZNLA Board of licensing application alone, but in forging and Directors who have continued to steer and maintaining a stable social environment that direct the Entity in a route and manner befitting is aware and educated on excessive liquor of a role model regulator. Each Business Unit consumption and binge drinking. has also fostered and developed strong multi- sectorial stakeholder relations with various We are also keenly aware of the social ills government institutions, private sector and law plaguing the Province and country as a direct or enforcement agencies to execute its mandate indirect consequence of alcohol – we therefore through synergised operations. continue to ensure full compliance and proper regulation of the liquor product. As a regulator, The introduction of various initiatives, our duty therefore entails seeking a balance programmes and innovative ideas, is testament of the socio-economic impact of alcohol and of the Entity’s willingness and eager to change its effects and continue to pursue and strive lives, raise awareness on the dangers and towards proper regulation. hazards of excessive alcohol consumption and ensuring a seamless license application process. 9
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 Effective compliance and enforcement of and guidance during the year under review. the Liquor Act must continue to become Executive, Management and staff of the KZN a top priority for the Liquor Authority. Our Liquor Authority cannot and will not be left Compliance and Enforcement Inspectors will unrecognised - their willingness to go beyond continue to develop collaborative relationships the call of duty has grown, shaped and moulded with law enforcement agencies in the quest of the Entity to what it is today. Let us all continue ensuring compliance and eradicating illegal to be at the public’s beck and call, and ensure trade. Effective and efficient service delivery, that we continue to adhere to the Batho-pele coupled with customer care and service principles and prioritize on service delivery. excellence cannot be over-emphasized. I also would like to applaud the efforts and contribution of the newly elected MEC of the Department of Economic Development, Tourism and Environmental Affairs, Ms Nomusa Dube-Ncube for her continuous prep and _________________________________________ encouragement in ensuring we maintain our mandate. My sincere appreciation and MS. M.P. MYENI gratitude is further extended to my fellow Board CHAIRPERSON: KZNLA’s BOARD OF DIRECTORS members for their invaluable contribution 10
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 BOARD OF DIRECTORS: MS M P MYENI MRS S PILLAY INKOSI M I TEMBE CHAIRPERSON DEPUTY CHAIRPERSON MEMBER DR C N KHUMALO MR M THANGO BRIG. KHESWA MEMBER MEMBER MEMBER PROF. B DUMISA MR S MKHIZE MEMBER SHAREHOLDER REPRESENTATIVE 11
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 NAME DESIGNATION APPOINTMENT DATE Board’s Chairperson 01 May 2017 Ms M P Myeni Adjudication Committee Member 31 May 2017 Deputy Chairperson of the Board 31 May 2017 Ms S Pillay Adjudication Committee Member 31 May 2017 Chairperson Social and Ethics Committee 01 May 2017 Board Member 01 May 2017 Prof B Dumisa Chairperson Board Adjudication Committee 31 May 2017 Board Member 01 May 2017 Dr C N Khumalo Chairperson Human Resources and Remuneration Committee 31 May 2017 Finance Committee Member 01 July 2018 Board Member 01 May 2017 Mr M Thango Chairperson Audit and Risk Committee 31 May 2017 Human Resources and Remuneration Member 31 May 2017 Board Member 01 May 2017 Inkosi M Tembe Chairperson Finance Committee 01 July 2018 Social and Ethics Committee Member 31 May 2017 Board Member 01 May 2017 Brigadier Kheswa Social and Ethics Committee Member 31 May 2017 INDEPENDENT MEMBERS Ms E Mcoyi Human Resources and Remuneration Member 01 May 2017 Mr S Hlophe Audit and Risk Committee member 20 July 2018 Mr D Mncwabe Audit and Risk Committee member 20 July 2018 EX-OFFICIO MEMBERS MEMBER DESIGNATION Mr E M Mashile Chief Executive Officer (Resigned) Mr B B Mbanjwa Chief Financial Officer Mr B Radebe Acting CEO Mr S Mkhize EDTEA Representative Ms N Thavar EDTEA Representative (Alternate) BOARD/SPECIAL MEETINGS ATTENDANCE MEMBER ‘18/04/24 ‘18/05/25 ‘18/07/20 ‘18/08/20 ‘18/09/03 ‘18/11/01 ‘18/12/04 ‘19/01/16 Special Special /21/22 Special Special Ms M P Myeni Ms S Pillay Prof. B Dumisa A DR C N Khumalo Mr M Thango Inkosi M Tembe A A A Brigadier Kheswa AB AB A AB AB AB AB AB Mr E M Mashile N/A R R R Mr B B Mbanjwa N/A Mr S Mkhize A N/A A A A N/A Ms N Thavar N/A N/A N/A N/A N/A = Attended A = Apology R = Resigned N/A = Not Applicable AB = Absent no Apology RR =Recused 12
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 BOARD/SPECIAL MEETINGS ATTENDANCE MEMBER ‘19/03/14 Ms M P Myeni Ms S Pillay Prof B Dumisa DR C N Khumalo Mr M Thango Inkosi M Tembe Brigadier Kheswa AB Mr E M Mashile R Mr B B Mbanjwa Mr B E Radebe Mr S Mkhize Ms N Thavar Ms B Mapisa HR AND REMUNERATION COMMITTEE MEMBER DESIGNATION 2018/05/03 2018/05/16 Special 2018/08/02 2018/11/15 2019/03/05 Mrs C N Khumalo CHAIRPERSON Mr M Thango Member Ms F Mcoyi Member A Mr E M Mashile CEO (Resigned) Ex officio N/A R R Mr B B Mbanjwa CFO Ex officio N/A Mr B Radebe Acting Ex officio N/A N/A N/A AUDIT AND RISK COMMITTEE MEETINGS ATTENDED MEMBER DESIGNATION 2018/05/24 2018/07/27 2018/11/16 2019/02/18 Mr M Thango CHAIRPERSON Mr T Zulu Independent Member RR R R R Ms C Coetzee Independent Member R R R Mr S Hlophe Independent Member N/A A Mr D Mcwabe Independent Member N/A Mr E M Mashile CEO Ex -officio R R Mr B B Mbanjwa CFO Ex officio Mr B Radebe Acting CEO N/A N/A SOCIAL AND ETHICS COMMITTEE MEETINGS ATTENDED MEMBER DESIGNATION 2018/05/02 2018/08/02 2018/11/14 2019/03/04 Ms S Pillay CHAIRPERSON Inkosi M Tembe Member Brigadier Kheswa Member A AB AB N/A Mr E M Mashile CEO Ex Officio R R Mr B Radebe Acting CEO N/A N/A 13
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 FINANCE COMMITTEE MEETINGS ATTENDED MEMBER DESIGNATION 2018/07/26 2018/11/14 2019/03/04 Inkosi M Tembe CHAIRPERSON Dr C N Khumalo Member Mr E M Mashile CEO Ex officio R R Mr B B Mbanjwa CFO Ex officio Mr B Radebe Acting CEO N/A BOARD’S ADJUDICATION COMMTTEE MEETING ATTENDANCE ‘18/10/30 MEMBER ‘18/04/20 ‘18/05/24 ‘18/06/29 ‘18/07/30 ‘18/08/28 2018/09/20 Objection ‘18/11/19 ilembe Ms M P Myeni A Ms S Pillay A Prof B Dumisa Mr M E Mashile A R R Mr B Radebe N/A N/A N/A N/A N/A N/A BOARD ADJUDICATION COMMITTEE MEETINGS ATTENDANCE ‘19/01/29 ‘19/02/28 ‘19/03/29 MEMBER ‘18/11/30 Objection ‘19/02/15 ‘19/02/26 Objection Richards Bay Newcastle eThekwini Ms M P Myeni A A A Ms S Pillay A Prof. B Dumisa Mr M E Mashile R R R R R R Mr B Radebe A A 14
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 MR B E RADEBE ACTING CHIEF EXECUTIVE OFFICER KWAZULU-NATAL LIQUOR AUTHORITY CHIEF EXECUTIVE OFFICER’S REPORT It has undeniably and without question been around the clock to ensure their annual targets yet another challenging year for the KwaZulu- are met – reaching and going beyond the call of Natal Liquor Authority, however, it has been duty to enhance our services. our willingness, determination and devotion that has permitted us to stand triumphant and I am pleased to report that through our achieve our set out targets/goals. Compliance and Enforcement Business Unit, the Entity conducted 11 256 Routine The Entity has been hard at work in introducing Inspections, 86 Blitz operations in partnership and improving systems and processes to ensure with various government institutions and an effective, efficient and seamless liquor law enforcement agencies, and 13 out of 13 licensing process. Immense emphasis has been Complaints investigated and concluded within placed on ensuring customer care and service the prescribed timeframes. Credit is due to all excellence. The entire KZN Liquor Authority has our stakeholders, partners, the Board and law been implored to ensure that liquor applications enforcement agencies for their unwavering were received and processed timeously, contribution and support. meeting turnaround times as prescribed by the KZN Liquor Licensing Act (Act 06 of 2010) Alcohol abuse remains our singular concern and and ensuring continuous education about the the need for education and awareness cannot dangers of excessive alcohol consumption. be over-emphasized. Our Social Responsibility Business Unit traversed the length and breadth During the year and period under review, the of the Province, with 135 induction workshops Entity has successfully managed to review and for new liquor licence holders, 128 current develop for implementation in the 2019/20 trader workshops, 4 major seasonal campaigns financial year, the first phase of the new and 97 school visits conducted. These figures Liquor Management System (LMS) in order to are a clear indication of the Entity’s commitment guarantee enhanced operational efficiencies in improving the lives of those directly and in the liquor licensing application business indirectly affected by alcohol. processes. I remain optimistic that the ensuing financial Whilst we have continued to make great year, we will continue to strengthen our internal progress in prioritizing service delivery, we and external control processes, systems and are however aware that there are still areas for stakeholder relations with the express purpose improvement. All Business Units are working of improving service delivery and efficiency. 15
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 The acquisition of various innovative of Economic Development, Tourism and programmes and systems will give a greater Environmental Affairs MEC, Ms Nomusa Dube- impetus to deliver a better and faster service to Ncube, MPL, the mandate still remains, to our clientele. adequately serve the people of the Province with immense pride and rigor. In conclusion, I commend the efforts of our current and previous leadership, the Board of Directors, Board Committees, Local Committee members, Executives, Management and the entire staff of the KwaZulu-Natal Liquor Authority for their continued efforts in moulding, shaping and growing the Entity. _________________________________________ As we ushered in our new KZN Department MR B E RADEBE ACTING CHIEF EXECUTIVE OFFICER KWAZULU-NATAL LIQUOR AUTHORITY 16
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 STATEMENT OF RESPONSIBILITY AND CONFIRMATION OF ACCURACY FOR THE ANNUAL REPORT To the best of our knowledge and belief, we confirm the following: 1. All information and amounts disclosed in the Annual Report is consistent with the Annual Financial Statements audited by the Auditor-General. 2. The Annual Report is complete, accurate and is free from any omissions. 3. The Annual Report has been prepared in accordance with the guidelines as issued by National Treasury. 4. The Annual Financial Statements have been prepared in accordance with the Generally Recognised Accounting Practice (GRAP) standards applicable to the Public Entity. 5. The Accounting Authority is responsible for the preparation of the Annual Financial Statements and for the judgements made in this information. 6. The Accounting Authority is responsible for establishing and implementing a system of internal control that has been designed to prove reasonable assurance as to the integrity and reliability of the performance information, the human resources information and the Annual Financial Statements. 7. The external auditors are engaged to express an independent opinion on the Annual Financial Statements. In our opinion, the Annual Report fairly reflects the operations, the performance information, the human resources information and financial affairs of the Entity for the financial year ended 31 March 2019. Sincerely _________________________________________ _________________________________________ MR B E RADEBE MS M P MYENI CHIEF EXECUTIVE OFFICER CHAIRPERSON: BOARD OF DIRECTORS 17
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 PERFORMANCE INFORMATION: INTRODUCTION The KZN Liquor Authority had determined Performance Indicators and Targets for implementation during the 2018/19 financial. The process of determining the performance indicators was derived from the strategic guidance provided by the Board of directors who then approved the APP for 2018/19. The Entity, reports below, on Annual Performance, in line with the Annual Performance Plan for 2018/19 as approved. ORGANISATIONAL BUSINESS UNITS 18
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 EXECUTIVE MANAGEMENT TEAM: MR B E RADEBE MR B B MBANJWA CHIEF EXECUTIVE OFFICER CHIEF FINANCIAL OFFICER MS Y BACUS MR M TSAUTSE MRS M COLBORNE EM: COMPLIANCE AND ENFORCEMENT EM: LICENSING AND ADMINISTRATION ACTING EM: SOCIAL RESPONSIBILITY 19
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 PROGRAMME 1: OFFICE OF THE CEO AND THE BOARD STRATEGIC OBJECTIVES • To provide strategic direction and leadership to the organisation • To provide good guidance and counsel to the liquor industry to ensure proper control and regulation of liquor industry PROGRAMME NAME: OFFICE OF THE CEO AND THE BOARD PLANNED MILESTONES DEVIATION FROM COMMENT ON PERFORMANCE INDICATOR ACTIVITIES ACHIEVED PLANNED TARGET DEVIATION Number of monitoring and evaluation reports with key recommendations for 4 4 0 None improvements 1 Stakeholder Number of strategic stakeholder Engagement was 2 1 1 engagements with the liquor industry not held due to the termination of the CEO STRATEGIC OBJECTIVES • Effectively and efficiently engage with all key stakeholders of the Liquor Authority PROGRAMME NAME : OFFICE OF THE CEO AND THE BOARD SUB-PROGRAMME: COMMUNICATIONS PLANNED MILESTONES DEVIATION FROM COMMENT ON PERFORMANCE INDICATOR ACTIVITIES ACHIEVED PLANNED TARGET DEVIATION Effectively and efficiently engage with all 8 8 0 None key stakeholders of the Liquor Authority STRATEGIC OBJECTIVES • To provide for effective and efficient human resources system with the organisation PROGRAMME NAME : OFFICE OF THE CEO AND THE BOARD SUB-PROGRAMME: HUMAN RESOURCES PLANNED MILESTONES DEVIATION FROM COMMENT ON PERFORMANCE INDICATOR ACTIVITIES ACHIEVED PLANNED TARGET DEVIATION 1. HR Manager position was vacant from Q1 up to Q2 Percentage of approved training attended 100% 12.5% 87.5 2. Skills audit was only and completed concluded in Q4 to validate training needs Vacancy rate on approved staff 10% 8% 0% None complement. 20
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 PROGRAMME 2: CORPORATE SERVICES BUSINESS UNIT STRATEGIC OBJECTIVES PROGRAMME NAME : COPORATE SERVICES SUB-PROGRAMME: FINANCIAL MANAGEMENT, ASSETS AND BUDGET PLANNED MILESTONES DEVIATION FROM COMMENT ON PERFORMANCE INDICATOR ACTIVITIES ACHIEVED PLANNED TARGET DEVIATION 1 KZNLA obtained Unqualified Audit opinion issued 1 0 None unqualified Audit opinion Percentage of invoices paid within 30 days 100% 100% 0 None Percentage of Procurement spend on 100% 100% 0 None B-BBEE suppliers • To ensure statutory and regulatory compliance PROGRAMME 3: LICENSING AND ADMINISTRATION BUSINESS UNIT STRATEGIC OBJECTIVES • Regulating the liquor licensing industry by processing all liquor licensing applications received • Develop and Implement an effective and efficient administrative licensing process PROGRAMME NAME : LICENSING AND ADMINISTRATION PLANNED MILESTONES DEVIATION FROM COMMENT ON PERFORMANCE INDICATOR ACTIVITIES ACHIEVED PLANNED TARGET DEVIATION 1. Ineffective District Percentage of applications processed Local Committees and finalized in line with the prescribed 100% 62.82% 37.18% timeframes 2. Excess applications received Number of reports on the performance of 4 4 0 None local Committees. 21
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 LICENCES GRANTED PER DISTRICT MUNICIPALITY FOR TRADING YEAR 2019 OVERALL LICENCES ISSUED PER DISTRICT IN THE 2018/19 FINANCIAL YEAR District Municipality Total AMAJUBA DISTRICT MUNICIPALITY (DC25) 19 ETHEKWINI METROPOLITAN MUNICIPALITY (ETH) 141 ILEMBE DISTRICT MUNICIPALITY (DC29) 49 SISONKE DISTRICT MUNICIPALITY (DC43) 10 UGU DISTRICT MUNICIPALITY (DC21) 13 UMGUNGUNDLOVU DISTRICT MUNICIPALITY (DC22) 39 UMKHANYAKUDE DISTRICT MUNICIPALITY (DC27) 29 UMZINYATHI DISTRICT MUNICIPALITY (DC24) 9 UTHUKELA DISTRICT MUNICIPALITY (DC23) 21 UTHUNGULU DISTRICT MUNICIPALITY (DC28) 36 ZULULAND DISTRICT MUNICIPALITY (DC26) 24 Grand Total 390 PROGRAMME 4: COMPLIANCE AND ENFORCEMENT BUSINESS UNIT STRATEGIC OBJECTIVES • To provide support in the license application process • To implement an effective and efficient Compliance and Enforcement process PROGRAMME NAME : COMPLIANCE AND ENFORCEMENT PLANNED MILESTONES DEVIATION FROM COMMENT ON PERFORMANCE INDICATOR ACTIVITIES ACHIEVED PLANNED TARGET DEVIATION 94.31% 10 pre-inspection reports were concluded 414 out of 424 outside the 14 day pre-inspection prescribed timeframes reports concluded due to: Percentage of pre-inspection reports 100% within the 14 5.69% concluded within the prescribed time 1. Shortage of day prescribed frames inspectors in Q1 & timeframe Q2 (redeployed to 10 concluded respective districts beyond timeframe in Q3) Overachievement: 42 Unplanned Blitz were 42 additional Number of inspection blitz conducted 44 86 organized by the SAPS blitzes conducted had to be attended by the entity 22
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 PROGRAMME NAME : COMPLIANCE AND ENFORCEMENT PLANNED MILESTONES DEVIATION FROM COMMENT ON PERFORMANCE INDICATOR ACTIVITIES ACHIEVED PLANNED TARGET DEVIATION Overachievement: 3056 Unplanned routine Number of Routine inspections conducted 8200 11 256 3056 inspections organized by SAPS had to be attended by the entity Percentage of complaints investigated and concluded within the prescribed time 100% 100% 0 None frames PROGRAMME 5: SOCIAL RESPONSIBILITY BUSINESS UNIT STRATEGIC OBJECTIVES: • To ensure that there are mechanisms developed to reduce the socio-economic and other effects of alcohol abuse • Facilitate mechanisms to ensure public participation and good inter-governmental relations in the liquor licensing process PROGRAMME NAME : SOCIAL RESPONSIBILITY PLANNED MILESTONES DEVIATION FROM COMMENT ON PERFORMANCE INDICATOR ACTIVITIES ACHIEVED PLANNED TARGET DEVIATION Overachievement: 25 Unplanned school visits Number of schools visited 72 97 25 were undertaken due to stakeholder demands Overachievement: 5 unplanned corporates Number of corporates visited 88 93 5 visits were undertaken due to stakeholder demands Number of KZNLA initiated seasonal 4 4 0 None campaigns implemented Overachievement: 15 Number of workshops held to facilitate unplanned workshops the entry of new traders into the liquor 120 135 15 were undertaken due to industry new entrants demands and expectations Overachievement; 16 Number of current liquor trader workshops additional workshops held on all licensing related matters 112 128 16 were held due to stakeholder demands Number of reports on induction programmes on new liquor licensees 4 4 0 None conducted • To facilitate, develop and ensure a responsible and sustainable liquor industry 23
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 HUMAN RESOURCES OVERSIGHT STATISTICS: Performance Rewards The KZNLA has a Performance Management Policy which has been approved for implementation. The organisation also had no budget available to cater for performance bonuses thus the Entity only implemented the pay progression(s) with only five employees did not qualifying for pay progression(s). % OF PERFORMANCE PROGRAMME PERFORMANCE REWARDS PERSONNEL EXPENDITURE REWARDS TO TOTAL PERSONNEL COSTS TOP MANAGEMENT 0 0 0 SENIOR MANAGEMENT 0 0 0 PROFESSIONAL QUALIFIED 0 0 0 SKILLED TECHNICAL 0 0 0 SEMI SKILLED 0 0 0 UNSKILLED 0 0 0 TOTAL 0 0 0 Training Costs The Entity has spent R594,885.00 on training for the 2018/19 financial year Employment and Vacancies 2018/19 2018/19 NO OF 2018/19 2018/19 % OF VACANCY PROGRAMME EMPLOYEES APPROVED POSTS VACANCIES RATE CEO 3 3 0 0% SOCIAL RESPONSIBILITY 15 16 1 6.25% LICENSING 30 31 1 3.23% COMPLIANCE 25 26 1 3.85% CORPORATE SERVICES 15 17 2 11.76% COMMUNICATIONS 0 1 1 100% HUMAN RESOURCES 3 3 0 0% TOTAL 91 97 6 6.19% 24
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 We have few frozen posts on the below table, they are as follows 1x SR Manager 1x Legal Services Manager 1x Driver and 1x Help Desk Officer Equity Target and Employment Equity Status as at 31 March 2019 Foreign Male Female Occupational Levels Nationals Total A C I W A C I W Male Female Top management 1 0 0 0 0 0 0 0 0 0 1 Senior management 3 0 0 0 0 0 1 0 0 0 4 Professionally qualified and experienced 4 0 0 0 4 1 0 0 0 0 9 specialists and mid-management Skilled technical and academically qualified workers, junior management, supervisors, 19 0 2 0 20 1 2 1 0 0 45 foremen, and superintendents Semi-skilled and discretionary decision 11 1 0 0 13 0 1 0 0 0 26 making Unskilled and defined decision making 1 0 0 0 5 0 0 0 0 0 6 TOTAL PERMANENT 38 1 2 0 42 2 4 1 0 0 91 Temporary employees 0 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL 38 1 2 0 42 2 4 1 0 0 91 ORGANISATION DISABILITY STATISTICS MALE FEMALE OCCUPATIONAL CATEGORIES CURRENT CURRENT Top Management 0 0 Senior Management 0 0 Professional Qualified 0 0 Skilled Technical 0 0 Semi-Skilled 1 0 Unskilled 0 0 Total 1 0 The current status of the organisation’s disability percentage is 1.10%. The organisation is required to be at 2%. Retirement The Entity had only one retirement in 2018/19 financial year 25
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 Terminations Indicate how many employees have resigned during the 2018/19 financial year EXIT TYPE NUMBER % OF STAFF TERMINATIONS Death 01 1.10% Dismissal-Operational 0 0% Dismissal-Misconduct 0 0% Resignation 03 3.30% Expiry of Contract 0 0% Discharge due to ill health 0 0% Retirement 01 1.10% Other 0 0% Total 05 5.49% Medical boarding The KwaZulu-Natal Liquor Authority had no medical boarding in 2018/19. Expiry of Contract There were no employment contracts for the 2018/19 that have expired. Internship We had no interns during 2018/2019 financial year. Temporary Staff The KZNLA has not had any temporary staff employed for the 2018/19 financial year Permanent Appointments We had 91 employees at the end of March 2019. Dismissals The KwaZulu-Natal Liquor Authority had no dismissals for the 2018/19 financial year. Code of Conduct The Entity has a Disciplinary Policy in place and it stipulates the Code of Conduct for the Entity which also serves as a guide and makes provision for progressive disciplinary actions for each category of offence. 26
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 GOVERNANCE REPORT The Kwazulu-Natal Liquor Authority’s (KZNLA) as other governance structures, which include Board has absolute responsibility for the management of processes to minimize Conflict performance of the Public Entity and is fully of Interest, implementation of Code of Conduct accountable to the shareholder (Department as well as safety, health and other related issues of Economic Development, Tourism and facing the entity. Environmental Affairs – EDTEA) for such performance. The Board`s Charter sets out the Management is responsible and accounts to responsibilities of Board Members and confirms the Board for developing, implementing and the Board’s responsibility for the adoption monitoring the processes as outlined and of strategic plans, monitoring of operational integrating them into operational activities of the performance and management, determination entity. of policy and processes to ensure the integrity The Board established appropriate governance of the KZN Liquor Authority’s Risk management structures. Guided by the recommendation of and internal controls, communication policy, and the King Code on Corporate Governance and director selection, orientation and evaluation. the circumstances of the Public Entity, the KZN The Board provides strategic direction to Liquor Authority has established the following the entity and is further responsible for the Board Committees, which are appointed by the development of a Fraud Prevention Policy, as well Chairperson of the Board: 27
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 MR M. THANGO CHAIRPERSON AUDIT AND RISK COMMITTEE The Audit and Risk Committee is chaired by 3. Comment in the annual financial statements Mr M. Thango who was appointed by the on the financial statements, the accounting KwaZulu-Natal Liquor Authority, the Committee practices and the effectiveness of the internal comprises of majority of the members which are financial controls; financially literate. The Board has appointed two 4. Review the disclosure of sustainability issues (2) independent non-executive directors namely in the integrated report to ensure that it is Mr S Hlophe and Mr D Mncwabe as members of reliable and does not conflict with the financial the Audit and Risk Committee. The Audit and information; Risk Committee has terms of reference which outline the composition, operations and guides 5. Recommend to the Board the engagement the functioning of the Committee. The Audit of an external assurance provider on material and Risk Committee is responsible for improving sustainability issues; management reporting by overseeing audit 6. Recommend the integrated report for functions, internal controls and the financial approval by the Board; reporting process. The Committee is further responsible for monitoring and Managing Risk 7. Consider the frequency for issuing interim issues as delegated by the Board. results; The Committee’s primary responsibility is as 8. Consider whether the external auditor should follows: perform assurance procedures on the interim results A. Integrated Reporting 9. Review the content of the summarized The Committee oversees integrated reporting, information for whether it provides a balanced and in particular the Committee must: view; and 1. Have regard to all factors and risks that may 10. Engage the external auditors to provide impact on the integrity of the integrated assurance on the summarized financial report, including factors that may predispose information. management to present a misleading picture, significant judgments and reporting decisions B. Combined Assurance made, monitoring or enforcement actions by a The Committee will ensure that a combined regulatory body, any evidence that brings into assurance model is applied to provide a question previously published information, coordinated approach to all assurance activities, forward-looking statements or information; and in particular the Committee should: 2. Review the annual financial statements, interim Ensure that the combined assurance received reports, preliminary or provisional result is appropriate to address all the significant risks announcements, summarised integrated facing the company; and information, any other intended release of price-sensitive information and prospectuses, 11. Monitor the relationship between the external trading statements and similar documents; assurance providers and the company 28
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 C. Finance Function and Financial Director 5. Ensure that there is a process for the audit Committee to be informed of any Reportable The Committee reviews the expertise, resources Irregularities (as identified in the Auditing and experience of the company’s finance function, Profession Act, 2005) identified and reported and discloses the results of the review in the by the external auditor; integrated report. The Committee also considers and satisfies itself of the suitability of the expertise 6. Review the quality and effectiveness of the and experience of the financial director every year. external audit process; and 7. Consider whether the audit firm and, where D. Internal Audit appropriate, the individual auditor that will be responsible for performing the functions of The Committee is responsible for overseeing of auditor are accredited as such on the JSE list of internal audit, and in particular the Committee Auditors and their advisors as required by the must: JSE Limited Listings Requirements. 1. Be responsible for the appointment, performance assessment and/or dismissal of G. Authority the Chief Audit Executive; The Committee, in terms of its terms of reference 2. Approve the internal audit plan; and as approved by the Board, has authority as follows: 3. Ensure that the internal audit function is 1. The Committee recommends to the Board subject to an independent quality review, with regard to its statutory duties and is as and when the Committee determines it accountable in this respect to the Board. On appropriate all responsibilities delegated to it by the Board outside of the statutory duties, the Committee E. Risk Management makes recommendations for approval by the Board. The Committee is an integral component of the risk management process and specifically the 2. The Committee acts in accordance with its Committee must oversee: statutory duties and the delegated authority of the Board as recorded in this terms of 1. Financial reporting risks; reference. It has the power to investigate 2. Internal financial controls; any activity within the scope of its terms of reference. 3. Fraud risks as it relates to financial reporting; and 3. The Committee, in the fulfilment of its duties, may call upon the chairman of the other Board 4. IT risks as it relates to financial reporting. Committees, any of the executive directors, F. External Audit employees, and Board secretary or assurance providers to provide it with information The Committee is responsible for recommending subject to Board approved process. the appointment of the external auditor and to oversee the external audit process and in this 4. The Committee has reasonable access to the regard the Committee must: entity’s records, facilities, employees and any other resources necessary to discharge its 1. Approve the terms of engagement and duties and responsibilities subject to following remuneration for the external audit Board approved process. engagement; 5. The Committee may form, and delegate 2. Monitor and report on the independence of authority to, Sub-Committees and may the external auditor in the annual financial delegate authority to one or more designated statements; members of the Committee. 3. Define a policy for non-audit services provided 6. The Committee has the right to obtain by the external auditor; independent outside professional advice 4. Pre-approve the contracts for non-audit to assist with the execution of its duties, at services to be rendered by the external auditor; company’s cost, subject to a Board approved process being followed. 29
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 DR C N KHUMALO CHAIRPERSON HUMAN RESOURCES AND REMUNERATION COMMITTEE The Human Resource and Remuneration 4. To advise the Board on Human Resources and Committee is chaired by Dr C N Khumalo, compensation matters; who was appointed by the KwaZulu-Natal 5. To recommend to the Board for approval, Liquor Authority. The Board has appointed an overall Human Resources Strategy independent Non-Executive Director, to serve as a member of the Committee and provide the 6. To recommend to the Board for approval, key required expertise to assist the Board in achieving human resources policies and procedures in its mandate. The Human Resources and line with the corporate strategy and other Remuneration Committee has Terms of Reference statutory requirements which outline the composition, operations and guides the functioning of the Committee. 7. To recommend to the Board for approval, overall compensation policy framework for The Committee’s primary function include the organisation and consider annually a reviewing and recommending to the Board the report on the proposed salary increases for following: staff across the entity 1. To review the performance objectives and 8. To recommend to the Board for approval determine and agree the appropriate levels of staff conditions of service and other related compensation, i.e. salary, bonus and incentive matters arrangements, 9. To recommend organisational structure to 2. Human Resources Management and the Board Development; and Staff Training and 10. for approval Development; 11. To recommend to the Board and monitor on 3. Overall oversight responsibility on behalf of the Board the corporate training compensation matters of the entity to review plan the design and management of organisation’s salary structures and incentive schemes and ensure proper authorization for awards made under such schemes 30
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 INKOSI M I TEMBE CHAIRPERSON FINANCE COMMITTEE The Finance Committee was established in 3. Review and recommending an annual the Second Quarter of the 2018/19 financial operating budget and annual capital budget; year and is chaired by INKOSI M I TEMBE, who 4. Review and recommending capital was appointed by the KwaZulu-Natal Liquor expenditures and unbudgeted operating Authority and the Committee comprising of expenses that, per Board approved policy, are above management authority but below the three (3) directors with backgrounds in finance, threshold required for Board approval; accounting, business, investment management, executive leadership, and business ownership. 5. Review the financial aspects of major proposed transactions, new programs and The overall role of the Committee is to review services, as well as proposals to discontinue the annual financial statements and the mid-year programs or services, and making action budget and performance assessment reports, and recommendations to the Board; other financial information to be made public, 6. Monitor the financial performance of the prior to submission and approval by the Board. entity as a whole and its programmes against approved budgets, long-term trends, and Functions of the Committee: industry benchmarks To monitor the Entity’s activities with regard to 7. Require and monitor corrective actions to matters relating to – bring the entity into compliance with its 1. Recommend policies that maintain and budget and other financial targets improve the financial health and integrity of 8. Recommend to the Board policies governing the Entity investments and pension plans 2. Review and recommending a long-range financial plan for the Entity 31
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 MRS S PILLAY CHAIRPERSON SOCIAL AND ETHICS COMMITTEE The Social and Ethics Committee is chaired by 2. The report of the committee may take the Mrs S Pillay, who is appointed by the Board’s form of an oral or written report by the Chairperson and the Committee comprising of chairperson or any other member of the three (3) directors. The Committee is responsible Committee designated by the Committee to for ensuring ethical conduct of Management make such report; and and Staff and collective responsibilities of Board members in respect of their fiduciary duties 3. The committee should not assume the and responsibilities, and they must continue to functions of management, which remain exercise due care and judgment in accordance the responsibility of the executive directors, with their legal obligations. officers and other members of senior management; 4. The committee must monitor on-going Functions of the Committee investigations and appeals brought to its’ attention and which are relevant to the ethical 1. The Committee must monitor, report, advise conduct of those associated with the entity. and make recommendations to the Board regarding the ethical conduct of the Entity, 5. The Committee must consider and its directors and its employees having regard recommend any policy relating to social and to the applicable legislation, principles and ethics responsibilities for the KZNLA and/or its guidelines. staff. 32
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 PROF. B DUMISA CHAIRPERSON BOARD’S ADJUDICATION COMMITTEE The KwaZulu-Natal Liquor Authority established was subject to review by the Board at any given a Committee comprising of three (3) Board point. The Board ensured that due diligence was members and chaired by Prof. B Dumisa, to carry applied in consideration of all applications lodged out the function of adjudication. The Committee in terms of the applicable Act. has the key responsibility to consider, grant or reject liquor licence applications in the Province. The adjudication Committee reports to the Board Board Members’ Remuneration on all matters finalised by the Committee. The MEC for Economic Development, Tourism The Board during the year of reporting, delegated and Environmental Affairs, determined the rate certain adjudication responsibilities to the CEO for remuneration of Board members. The fee for processing. The Board continued to provide structure outlines the full terms for payment of oversight over the delegated responsibility to each member either for attendance at Board ensure that the entity and the clients we serve, meetings, or participation in Board Committees. were not compromised. The Board, however, met The remuneration determinations by the MEC, to consider the remainder of the undelegated further in the case of KZNLA, outline the rate for function through its adjudication Committee as payment of members for adjudication processes. reported on above. Board members were paid in accordance with At the end of the year of reporting, the Board, in the determinations which clearly states that line with section 21(1) (a) (i) of the KZN Liquor members are paid a retainer and attendance fee Licensing ACT no. 06 of 2010 amended in 2013, for Board meetings but are just paid a retainer for delegated to the CEO the following applications participation in Committee meetings. Members as contemplated on the same ACT, section 41, are paid an hourly rate for attendance at special 52, 55, 69, 74, 75, 77 and 89(12). The delegation meetings, if these are over and above the meetings prescribed within the retainer fee. 33
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 AUDIT REPORT REPORT OF THE AUDIT AND RISK COMMITTEE NUMBER OF MEMBER MEETINGS The Audit and Risk Committee is an operating ATTENDED Committee of the Board of KwaZulu-Natal Liquor Mr M Thango – Chairperson 6 Authority, charged with oversight of financial reporting and disclosure. The members of the Mr S Hlophe – Independent external member 4 Committee are drawn from and appointed Mr D Mncwabe – Independent external Member 5 by the company’s Board of directors, with the Mr E M Mashile – Ex Officio Member (Resigned) 3 Chairperson remaining as the representative from Mr B E Radebe – Ex Officio Member 4 the Board. The Committee is charged with the responsibility to assist the Board in discharging Mr B B Mbanjwa – ex-officio member 6 its duties relating to the safeguarding of assets, effective management of liabilities and working capital, the operation of adequate systems and RISK MANAGEMENT process of internal control and the preparation of The Audit and Risk Committee, considered financial reports and Annual Financial Statements. the organisational Risk Register which was reviewed by management with the assistance of Provincial Treasury. The Committee further AUDIT COMMITTEE’S RESPONSIBILITY assessed the risks as identified and ensured that The Audit Committee reports that it has performed strategic Risks were effectively monitored. The its duties and complied with its responsibilities in Committee monitors the implementation of accordance with the Public Finance Management controls as identified, through reports tabled and Act and the Treasury Regulations. The Audit interrogated during the Audit and Risk Committee Committee also reports that it has approved meetings on a quarterly basis. The Audit and Terms of Reference, which were adopted as the Risk Committee constantly monitors the roll-out Audit and Risk Committee Charter which the of risk management to ensure that this process Committee regulated its affairs in compliance reaches maturity with a reasonable time. The with and discharged all its responsibilities as Committee engaged on a process to develop contained therein. The Committee held a Special the Risk Management Framework, and guided meeting to consider and finalize the Annual management in this process. Financial Statements for submission as per the The Committee considered and approved the PFMA requirements. Risk Management for the entity which guides the risk management process within the entity. The Committee, also adopted a risk governance MEMBERSHIP AND ATTENDANCE system, which assists the Committee in extracting The Audit and Risk Committee, for the year under required reports which will guide the Committee review consisted of the members listed hereunder in effectively providing the oversight as stipulated and met six (6) times as per approved Terms on the Committee terms of reference. of Reference, with one (1) special Committee meeting held. INTERNAL AUDIT Internal Audit was operated through an Annual Operational Plan, between the KZNLA and Nexia 34
K W A Z U L U - N A T A L L I Q U O R A U T H O R I T Y | A N N U A L R E P O R T 2 0 1 8 / 1 9 SAB&T which was approved by the Board. The The Audit and Risk Committee reviewed quarterly audit coverage included mainly recurring audits financial reports and is satisfied that controls are in and focused on areas considered to be key. The place to monitor spending patterns. The Quarterly results of the internal audits were presented to reports were submitted to the Board for noting management for their response on findings and and to the Department of Economic Development to the Audit and Risk Committee for final review and Tourism in line with the funding agreement. then to the Board for noting. The Audit and risk The Committee, also placed considerable effort Committee also thoroughly interrogated the in reviewing the Performance of the entity Internal Audit Operational Plan and ensured that through considering and aligning performance the internal audit are effectively executed to the information with the organisational performance benefit of the entity. as reported by management. The Committee ensured that, there is a balance and justification in terms of financial performance and organisational EXTERNAL AUDIT performance of the entity. Emphasis was placed on ensuring that the organisational plan for the The Committee met with the external auditor 2017/18 financial year, is aligned to the budget to thoroughly engage on the Audit Strategy allocations and the Committee committed to for the 2018/19 financial year. The Committee, ensuring that oversight, in ensuring that this is committed to ensuring that strategies are in place monitored, will be conducted. to ensure that processes run effectively for ease of Audit implementation. INFORMATION TECHNOLOGY GOVERNANCE EVALUATION OF FINANCIAL STATEMENTS The Audit and Risk Committee reports that it considered all IT policies as reviewed and made The Committee: recommendation for consideration and approval 1. Considered all financial information by the Board. The Committee received reports from 2. Considered the appropriateness of policies as the IT Steering Committee, and is thus assured that developed sufficient oversight is exercised on IT Governance matters within the entity. The Committee, upon 3. Met separately with management to discuss realizing that the Liquor management system the draft financial statements, external currently utilized by the entity, is not assisting auditors to consider the findings on the audit the entity to efficiently execute its mandate, report and the audit unit at Treasury to plan recommended that management working with for internal audit processes for the Liquor the IT Steering Committee members, draft Terms Authority of Reference of the development of a new system. 4. Made appropriate recommendations to the The Committee is constantly updated and Board regarding corrective actions to be taken continuously provides required direction to as a consequence of audit findings management and advice to the Board in this 5. Reviewed and recommended for adoption by regard. the Board financial information that is publicly The Audit and Risk Committee concurs with disclosed within the annual report and accepts the Auditor-General’s conclusions on the Annual Financial Statements and is of the opinion that the audited Annual Financial GOVERNANCE PROCESSES AND ACCOUNTABILITY Statements be accepted and read together with the report of the Auditor General. The Committee reports that it has adopted appropriate terms of reference which serve as the Committee charter. All the Committee affairs have been regulated in compliance with the Committee charter, and discharging of Committee responsibilities has been done in accordance with what is contained therein. 35
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