ANNEXURE A IN MY DEFENSE.txt As it is apparent that I am not going to be given a fair chance to speak and defend myself, in closure of my communications with all of you I would like to shed some light on the events as they actually happened. This is an issue of principle for me - its imperative that I make you all understand that it was due to no fault of my own (other than being honest and naive) that I could not complete the task set before me. It has been to my detriment as all prospective employers naturally assume the fault lies with you, as an employee, for having left after only 8 months. Nobody considers that perhaps it wasnt your doing, or that perhaps your ethics are grossly incompatible with those of the organisation that you were working for. In light of this, you will all be made to understand exactly what happened and why so that I can clear my name. You will all remember me for that. I will not go down as being painted incompetent and guilty of gross misconduct, especially by others who may well be. The last year has been something I would never wish on anybody. But for the fact that I my integrity is in tact, I have nothing else - no vested interests, ulterior motives, hidden agendas or secrets to hide ; nothing to gain from this, financially or otherwise. From the beginning I have had only the interests of the members, the mineworkers, who paid my salary, at heart. I am a person who values integrity and honesty, above anything else. I take pride in being good at what I do. If anyone could clean the data at the Mineworkers Provident Fund it would have been me. Even though my employment had been terminated, the task I had personally taken on and set myself of 'cleaning the MWPF data' in April 2003 was as of yet incomplete with many questions unanswered. And so the start of 6 months of of solid work and intense research into the mining industry in South Africa to try and gain an understanding of what had happened, and why. I have visited, researched and extensively analysed information from, amongst others, the employers Annual Reports for the last 5 years, the DME, the Department of Labour, Statistics SA, NUM, Chamber of Mines, COSATU, FSB, Mine Health and Safety, TEBA, MEPF, SARS and the Reserve Bank. It has taken me this long before I have satisfied myself with an answer that will allow me to move on with some peace within myself. Not because I couldnt clean the data, but perhaps rather that no one ever intended for me to clean the data in the first place. Herewith a list of all the allegations made against me : An exerpt from the settlement agreement given to me by Ann Weisz which I refused to sign : SETTLEMENT AGREEMENT Entered into between LEKANA EMPLOYEE BENEFIT SOLUTIONS (previously Momentum Group) hereinafter referred to as ‘Lekana’ and ‘the company’ and Suiko Alston Hereinafter referred to as the ‘Employee’ 1. RECORDAL The parties hereby record the following in anticipation of a final settlement being reached related to the termination of the employee’s services: 1.1 Lekana has advised the employee of its intention to take disciplinary action against the employee for serious misconduct, the charges being related to – sub-standard performance unfounded and defamatory allegations made against at least 3 employees of the company whilst not cooperating with forensic investigators appointed to investigate the allegations threats against the company which could result in serious financial and reputational risk unauthorized removal and attempted removal of confidential client information from Lekana’s premises repeated absences from the office conspiracy theories related to employees unauthorized use of trust moneys. LETTER FROM THE SHERIFF We are further instructed that during your period of employment with our client you made various defamatory and disparaging allegations relating to fraud and/or unauthorised use of trust funds to a number of our client's staff. In this context we deem it appropriate to record that our client immediately advised its forensic auditors to investigate your allegations, that you refused to co-operate with the auditors instead absenting yourself from the offices and that Page 1 ANNEXURE A IN MY DEFENSE.txt your allegations were investigated and found to be devoid of all truth and substance. ________________________________________________________________________________________________ ____________ GENERAL COMPLIANCE & PERFORMANCE ________________________________________________________________________________________________ ______ From: Suiko Alston Sent: Wednesday, May 14, 2003 1:59 PM To: Ian Hunter Subject: FW: Reconciliations for JMPF and CJPF funds Hi Ian ;o) As per the following email I received from Ann, I have had a chat to Muriel concerning the recons, and she has given me some basic information. Would it be ok if I popped in for 10mins to come and hear what you have to say so I can get a better understanding of the problems you're experiencing ? I will be also be sitting with Willie for the next recon @ monthend. I am coming to see Hannelie tomorrow morning, else just let me know when its convenient for you - i stay in Pretoria so I come past twice a day anyway Suiko -----Original Message----From: Ann Weisz Sent: Wednesday, April 30, 2003 10:13 AM To: Suiko Alston Cc: Francesca Sammarchi Subject: Reconciliations for JMPF and CJPF funds [Suiko Alston] Hi Suiko I had a brief chat to Ian Hunter who is the actuary to the above 2 funds. He indicated that we are still experiencing problems with regards to recons not been done properly/timeously. Please could you have a chat to him /Muriel to ascertain what the issues are. Thanks Ann ________________________________________________________________________________________________ _________ HERE IS MY JOB SPEC AS RECEIVED ________________________________________________________________________________________________ ____________ -----Original Message----From: Francesca Sammarchi Sent: Wednesday, April 16, 2003 11:13 AM To: Suiko Alston Cc: Ann Weisz; Hannelie van Niekerk Subject: INFORMATION SPECIALIST - FOCUS AREAS Hi there I thought that I would just concretise our discussions last Monday (7/04). Your Key focus areas will be: 1) Data for MWPF integrity and maintenance - implementation of controls and reconcilaitions 2) MWPF data cleanup the above two points to be your area of priority for the next 6 months (other project may run in tandem and we can discuss the priority of these). 3) Management of the MWPF data team 4) Data integrity and maintenance for the rest of NRFS and MAC (the latter once we have finalised corporatisation issues between the 2 areas). 5) P- Drive - redesign and easy access for users - this will include the MWPF F drive. 6) Websites - data access functionality - what our clients will want to see. 7) New system platform - from a data integrity, scaleabilty and maintenance point of view. Other issues discussed: 1) History of MEB IT as relates to current system issues facing NRFS and MAC. Details of decisions made thus far - confidentiality re BTSI. 2) Details of data issues i.e. duplicate members; risk premiums; members that have ceased contributions; incorrect contributions; unclaimed benefits as relates to all funds for NRFS as well as MWPF (latter - also the non recording of transfer values). 3) Details relevant to your team - leadership issues as well extreme pressure on all team members of late. Page 2 ANNEXURE A IN MY DEFENSE.txt 4) MWPF - client orientation - i.e. who the client is, what it is that they do, membership profile, special service issues i.e. turnaround times and service centre delivery. 5) BTSI's role and advice on how to approach Mike and Edward. Immediate functions / requirements 1) Restructure of team - re people, functions and controls. This must be approached from team perspective and all decisions actions and controls must be documented. Data incoming matrix to be set up and all recon controls to be rigidly implemented and documented - progress reports implemented and problem clients identified. Proposals of your actions to rectify issues. 2) Investigate MWPF clean up project to date - special reference to where Shawn has kept stuff and where and what he has changed. Discuss with Hannelie and get all documents from her. We also need to urgently work on all unclaimed benefits. 3) Arrange move - not major priority and may have to look at space issues. 4) Get the access that you need to all systems. 5) Get up to speed with the different systems; Mainframe ebep, eben, ebenA; eb adm suite. 6) Meet with Hafeez so that you can understand his work and development on Acumen. The understanding of the integration and communication between the areas is vital. 7) Meet with Elizabeth Molomo re the P-drive & Website projects - remember your focus is on the data elements of these. Elizabeth is managing the set up of the websites - currently in production (some due dates overdue already) MWPF - static info; Pioneer static and data functionality; NRFS static, fund and data functionality - the latter though I see as being held over to Newco implementation; Unitrans and I think ABI. 8) Meet with Ed Bouwer to establish relationship as well as to check on Website progress - also get understanding of their development problems related to the member info access re websites (has been cited as reasons for delay and while I understand the rationale I do not understand the underlying technical issues). 9) I want you involved in the Systems Ops meetings as active participant - review items and get understanding of what we are busy with. 10) I want you involved in our evaluation of the MEB IT solutions. General We agreed a strict project management approach to all you key focus areas would be implemented from scoping, through to actions through to measurement. This is important so that we can evaluate your progress (and that of your teams). Most of the items that need urgent attention really projects anyway. I would like your thought on the above as well as a documented version of how you want to approach all these issues (as well as any progress made thus far). Please can I have this by the end of next week. Regards ________________________________________________________________________________________________ ____________ In an email sent to Hafeez Rahman in April I made my objectives explicitly clear : 'I realise I've taken on quite a daunting task here, and several people are standing by waiting to see what happens or 'how long I last' for whatever reasons, but I've made a commitment and have a responsibility to be as meticulous, thorough, honest and independent/impartial in my assessment and subsequent recommendations to Fran. So i'm not just going to stick my finger to plug the holes in the dyke, to keep something hobbling along when it should be taken out back and shot sometimes i think ' I DO NOT LIE. I made this very clear to all and sundry at Lekana from the beginning. In several emails to Francesca I expressed that my primary commitment was to be honest in my reporting to her. I stated that she pays enough people to tell her what she would like to hear so at least from me, she could always be assured of the truth - regardless of whether she liked it or not, or what she did with it. Let us examine more closely for a minute the precise definition of 'clean the data' . Does that mean fix up the spelling errors ? Update the birthdates ? Delete the duplicates ? Fix the data so the inconsistencies would not be detected during an audit ? Without a computer - clean the data with Handy Andy ? Being sufficiently qualified in what I do, my understanding of the above was potentially different from that of the generally IT - illiterate person giving me the instructions. As such, on many occasions I requested clarification and more frequent input at a strategic level on this issue from Francesca, but needless to say, from the beginning there was never a meeting of minds. It was crucial to establish this, because without it there was no departure point to speak of. In one email to her, I compared her understanding of a data cleanup to a facelift, whereas mine was an enema. ________________________________________________________________________________________________ ____________ Page 3 ANNEXURE A IN MY DEFENSE.txt POOR PERFORMANCE Performance is related to an employee's ability to do a job, as opposed to misconduct which is behavioural. I was accused of gross misconduct, related to, amongst others, substandard performance.Guilty of misconduct because you dont have the ability to perform ? This implies that I do not have the ability to do the job. If you havent done so already, please be so kind as to peruse my CV so as to obtain an understanding of my background and qualifications. I can speak 4 languages, play the piano, and have been a NAUI divemaster since the age of 15. I have achieved acadermic honours for 12 years whilst at school and obtained my BCom (Informatics) last year in September from the University of Pretoria Cum Laude. For our third year Informatics project, we wrote a portfolio management system which earned the second highest mark in the group that year - 81.3%. To clean the MWPF data is a gargantuan task. At a bare minimum, rest assured that it will take a team of 10 - 20 people, working for 18 - 24 months. Given the extensive sunk costs on development of Orbit with nothing to show for it, a reasonable person would combine the data cleanup with migration to a new system. This would make sense in terms of costs, control and efficiency and time frames. I have worked on similar projects at D&E Medical Aid Administrators in the Cape who were migrating off an AS400 to an SQL database as well as a data warehousing project for the actuarial department at Sanlam in Belville. In addition to which, I have been responsible for several cleanups of legacy data including GEPF, UIF and Natal Medical Aid with specific objectives of investigations into fraud in my employ at Deloitte & Touche Forensic Services. Data mining, information analysis and integration are what I have studied for 10 years at University to do. I studied Informatics, and have 2 modules left to complete Accounting Sciences as a second major. I have 11 years of IT experience. Why in their right minds did Southern Life employ me? What did they expect me to do ? THE RESOURCES ALLOCATED TO ME FOR THE DATA CLEANUP PROJECT STAFF Even though I was initially in charge of the data team, they were generally busy doing the normal operational data functions and a significant amount of other unnecessary tasks (due to having to manually do things which the system should do for them). I approached Hafeez with respect to sending the data team on SQL training to help me with the cleanup. External training, even though I had organised a discount rate, was out of the question. Internal training, at my cost to the company was also not an option. The issue of training had been raised by myself as well as the individual data team members on various occassions with no success at all. ________________________________________________________________________________________________ _________ From: Francesca Sammarchi Sent: Thursday, April 03, 2003 10:59 AM To: Elizabeth Molomo Cc: Hafeez Rahman; Suiko Alston Subject: RE: The Reservoir Retirement Fund I believe that you are also looking at an umbrella fund that may already be in the MAC stable. I probably need more information from you on more generic fund issues: What is the objective of the Fund - and who is your target market. What sort of benefits are you offering ? Will it be one set benefits per employer or will the benefits be categorised within an employer ? What is your minimum membership requirement (as costing will probably work on a sliding scale - also dependent on benefit structure) ? How will you handle the board of trustees - usual for umbrella funds is an overall board usually consisting of internal (NRFS) staff as trustee appointments - or will this be drilled down to employer and employee level - any measure of external trustee meetings at employer level will increase the cost dramatically ? What will the payment method be for claims ? How electronic will the management of premiums, claims and queries etc be (this is a huge cost risk area) ? Fund accounting at Employer level or at Fund level ? Will there be quarterly or annual interest allocations ? Envisaged number of investment managers ? How many reserve accounts ? Method of bonus (surplus) allocations ? My comments are: Housing loans will only ever be entertained via a 3rd party at this stage. Data must be electronic - anything else is really too expensive to run and preferably you are looking at one pay point per employer. Also note that criteria for adm resources i.e. staff is also completely different to what we would normally use as there are credit control and fund accounting issues to consider - so where we would normally work on 1 administrator and half an accounting and half a data person on 4 000 members - you are probably reducing this ratio to 1000 members or less depending on the number of participating employers. Any increase beyond the annual benefit statement fee will increase std adm fee. Page 4 ANNEXURE A IN MY DEFENSE.txt Elizabeth, just a question - why an umbrella fund - they are extremely expensive to run and usually very cumbersome from a system perspective and the profit margins are extremely thin if any ? Is this a particular service that we want render to a particular industry - I am just trying to understand the need as this (umbrella funds) is not our target market (neither is it MAC's) e.g. Bridging fund was set up to facilitate growth on the MWPF fund and our adm fee is way below what we should really be charging (we charge on average R22 per member - 0.75% of salary worked back to fee per member). Just off the top of my head, I cannot see us charging much less than R50 per member to make it worth our while. I would suggest that you send through the rules so that I can get a feel for the fund. regards -----Original Message----From: Elizabeth Molomo Sent: Thursday, April 03, 2003 10:18 AM To: Francesca Sammarchi Subject: The Reservoir Retirement Fund Hi there Have you heard of the Reservoir Retirement Fund? Well, it's my new umbrella fund that is in the process of being registered. In order for you to give me an indication of what admin resources and fees will be required, what info should I give you. Off hand what I can think of is numerous paypoints (one pay point per participating employer) housing loans will be provided via a third party annual benefit statements quarterly trustee meeting thanks Liz Elizabeth M Molomo Accounts Executive (011) 491 6125 082 419 0264 --end ________________________________________________________________________________________________ __ 'we would normally work on 1 administrator and half an accounting and half a data person on 4 000 members' Given a membership of say 200 000 members this would mean according to what the administrators 'work on', mineworkers should have 100 data administrators. Given the current system deficiencies, the backlog of work, the lack of training and skills as well as the concommitant employee loyalty as a result of these factors, 100 data staff might have almost be enough for the mineworkers data. Not 4. BUDGET I had no budget allocated whatsoever. The only invoice I submitted was for the data capture of the terminally ill contribution schedules for about R1000, which I had to request like all other employees without any management functions. SUBSEQUENT INSTRUCTIONS Francesca indicated to me that she suspected Shawn van der Merwe of questionable activities, but that she had no proof. She would be happy if I could help her do so, and if not then 'performance manage' him out. I submitted my second report, with over 40 pages of original evidence included, as requested by Francesca. Needless to say, nothing ever happened, until almost a year later when the information was used as evidence in the hearings and subsequent dismissal of Shawn van der Merwe a few weeks ago. Surely if one was genuinely concerned, you would have raised the issues right then and there, in July last year ? When employee fraud is generally rife and allowed to happen continually in an organisation it is indicative of the control environment and tone set by management. ________________________________________________________________________________________________ ______________ From: Suiko Alston Sent: Monday, May 12, 2003 3:11 PM To: Francesca Sammarchi Page 5 ANNEXURE A IN MY DEFENSE.txt Subject: RE: PC HARDDRIVE BACK UP WILL DO HAVE ALREADY SPOKEN TO BUILDING SECURITY WRT AFTER HOURS ACCESS REPORT. ALSO REQUESTED FROM MIKE A REGULAR LISTING OF ALL JOBS RUN ON THE MF, BY WHOM, WHAT pm OF DAY, DAY OF WEEK ETC ETC -----Original Message----From: Francesca Sammarchi Sent: Monday, May 12, 2003 2:43 PM To: Suiko Alston Subject: RE: PC HARDDRIVE BACK UP Thanks. You now need to start getting tough on the time he is spending in the office. Arrange for a print out of times after 5pm where he has come into the office - he must have work done to support this. Lets look at and then decide how to limit access. Regards -----Original Message----From: Suiko Alston Sent: Friday, May 09, 2003 1:45 PM To: Francesca Sammarchi Subject: FW: PC HARDDRIVE BACK UP -----Original Message----From: Craig Godfrey Sent: Friday, May 09, 2003 7:03 AM To: Suiko Alston Subject: RE: PC HARDDRIVE BACK UP Done -----Original Message----From: Suiko Alston Sent: Thursday, May 08, 2003 9:19 AM To: Craig Godfrey Cc: Francesca Sammarchi Subject: PC HARDDRIVE BACK UP Importance: High Hi Craig Herewith a confirmation of my verbal request to please make a back up of Shawn van der Merwe's local harddrive on his PC. Please let me know if you need anything else in this regard and if you could please confirm with me once this has been done Thanks, --suiko ________________________________________________________________________________________________ __________ MY SECOND SUBMISSION IN JUNE 2003 RECOMMENDED FURTHER INVESTIGATION Many of these issues overlap on the cleanup exercise · · · · · · · · · · · · · · · Reinstatements Retrenchments Overpayments Recon process between finance and data Risk Claims / MABS Previous Contribution Data Unexplained static data changes Lack of any visible audit trail and operating system logs Still no call listing from PABX system Internal security and access General and application controls – manual and computerised Possible use of multiple/other people’s logons Background checks on employees Lifestyle assessments Itemised listing of phone calls from home and work matched to mines and previous Page 6 ANNEXURE A IN MY DEFENSE.txt employees fired for fraud · Surety listings (Impala*) · Blatant inconsistencies in data submission from mines, failure to submit remittance, adhoc schedules on paper for no reason · Missing/falsified/altered documentation internally and for claims process · Payment authorization procedures and adherence to controls · Inadequate segregation of duties, random management checks (10% min) and independent verification, matching and follow up in claims, exception reporting, payments As far as I could get with this investigation before having to submit this report, I can say there is more than enough reasonable suspicion to warrant further investigation. Given the facts above, I believe Shawn van der Merwe is involved in unlawful activities contrary to the interests of the business and the members of this Fund. With regards to the possible involvement of other employees internally, for prudence sake I have not given specific names, but what I have seen so far indicates that this is happening more likely than not. This may include people in key positions in other departments. My reasons for saying so are that collusion between such parties would be necessary to bypass procedures and controls to cover up fraud and corruption, in which case it could/would go undetected for a long period of time. There are just too many inconsistencies and irregularities, which, although they might not be conclusive standalone evidence, could not have passed unnoticed unless there was some degree of collusion. I can’t be sure of the extent at this stage and as I have not been able to investigate further I can’t quantify the financial impact for the business. Nonetheless, I feel it my duty to state that all indications are that the fraud and theft being committed in this fund is a more extensive than one would like to think. I could not even begin to look into the weaknesses within the admin/claims sections, but I admonish the reader to further investigate these matters - in whichever way you deem fit. Be aware of the fact that for three years the auditors have not even come to Data. Based on my previous experience in forensic investigations, a normal forensic investigator, and even an EDP auditor may overlook several systems specific issues due to a lack of technical expertise. Having said that, even though a concerted effort on my part to any investigation is effectively over, I would like to offer my input and assistance at any stage with any further investigations involving information/system/data issues. Investigators will be capable of finding any possible fraud in our admin/processing system, but their ability to detect electronic/computer fraud will be restricted by their limited practical IT knowledge. Considering our current system infrastructure and operating environment, internal control systems and inherent quality of the data, electronic fraud is one of the greatest risk areas in the business. My intention was and is never to be the bearer of doom and gloom, but I could not be considered blameless as long as management was not made fully aware of the reality of the environmental opportunities to commit fraud on such a large scale. As regards the definition of my function and further to what was agreed upon between us earlier this week, from Monday I will continue with the data cleanup as per your instructions. I will, however, place more emphasis on concurrently implementing the framework of internal control objectives within the scope of the cleanup exercise as a matter of priority with the end of data integrity in mind. In presenting these findings to you I hope that I have discharged the onus I believe rests on me as Information Specialist and trust that whatever actions you may/may not chose to take from here forward will be in the best interests of all concerned. Thanking you for your patience. --end ________________________________________________________________________________________________ _____________ REFUSAL TO COOPERATE WITH FORENSIC INVESTIGATORS Please contact Inspector Goosen at the Commercial Crime Unit in Germiston 083 5230779. He was the only independent forensic investigator I had any contact with.After submitting this report, I was instructed by Francesca not to continue with the forensic investigations in any way or form. As you can see from my submission this I duly did. It was not 'unwillingness to cooperate'. Inspector Goosen will tell you that he has been battling to get what he has requested from SNRFS for frauds which occurred several years ago already. It was hardly possible to do anything once I had handed all the original evidence in. With respect to Mr Riaan Moolman, the forensic investigator for the Momentum Group - after initially seeing him in June in Centurion, he was unavailable due to another case and came to see me in November 2003 where he indicated that he was finishing off other work, and then going on leave for a week after which he would contact me to pick up the investigation. Following direct instructions, I had not persued any further investigations into fraud. The next time he contacted me was when I was in the Station Captain's Office on 11 November 2003, after speaking to Ann Weisz. I subsequently tried to contact Mr Moolman, but for some reason he never answered my calls or returned my messages. My logic was as follows : If you have no resources or budget and cant skill people and cannot make significant changes, then your only option is to try and implement proper audit controls in the current system. If Page 7 ANNEXURE A IN MY DEFENSE.txt one has a bucket with holes in, the water will continue to pour out of those holes unless you plug them somehow. ________________________________________________________________________________________________ ________ From: Suiko Alston Sent: Wednesday, July 30, 2003 1:29 PM To: Francesca Sammarchi Cc: Jayna Pancham Subject: WORK PLAN Hi Fran Attached please find the workplan for the next two months cleanup as per your scope defintion. Please let me know if there is something I have omitted or if you have any questions or would like any changes. I am drawing up a list of the nice to haves / not 100% priority so that we can evaluate and analyse potential added value to the business and action further items based on that. On Monday I will provide you with a matrix detailing : INPUT PROCESSING VALID xxxx xxxxxxxetcetc ACCURATE xxxx xxxxxxx COMPLETE xxxx xxxxxx OUTPUT This will identify for you per functional area (I, P, O) the specific manual/additional controls which are being implemented to ensure that the required internal control and audit objectives are met. Kind regards, --suiko ________________________________________________________________________________________________ __________ SYSTEM SECURITY ________________________________________________________________________________________________ ________ -----Original Message----From: Suiko Alston Sent: 12 August 2003 03:01 To: Mike Hops Cc: Jayna Pancham; Hafeez Rahman; Colette Steeneveldt Subject: MAINFRAME USERIDS - SECURITY Importance: High Hi Mike The list of all userids on the mainframe that you supplied me with excludes the following people. Could you please provide me with their userids ? Sagren Pillay Beulah Variawa Daniel Mathe Also, the list includes the following people who are not at MW - kindly confirm that these are removed or deactivated/updated (I assume the list was generated in the last month as it includes Jayna) . Several have authorisation access, which is a security risk as you are aware. Thulani Madlala Jude Ram John Jacobs Makhosazana Mazibuko Natsayi Sibanda ? Thato Ngwenya ? Elroy Augustine Glenda Ndlovu ? Theresia Padu ? Page 8 ANNEXURE A IN MY DEFENSE.txt Barry Redford Suiko ________________________________________________________________________________________________ _______ -----Original Message----From: Mike Hops Sent: Tuesday, August 12, 2003 5:04 PM To: Suiko Alston Cc: Jayna Pancham; Hafeez Rahman; Colette Steeneveldt Subject: RE: MAINFRAME USERIDS - SECURITY Give me those people's U-numbers and I can check for you. Also please note that we need to be notified when a person leaves so that we can remove or suspend them. Most of them have been suspended and thus cannot get into the system (but that is only through Colette and I's pro-activeness). I deliberately did not give you Hafeez's staff's access and U-numbers - please speak to him about what you need it for. ________________________________________________________________________________________________ _______ From: Suiko Alston Sent: 12 August 2003 03:25 PM To: Francesca Sammarchi Subject: FW: MAINFRAME USERIDS - SECURITY Importance: High Follow Up Flag: Follow up Flag Status: Flagged Fran May I propose that you please request, as a matter of urgency for security reasons, that employees transferred internally out of Mineworkers to other business areas have their system access modified / removed accordingly. Suiko ________________________________________________________________________________________________ ________ From: Suiko Alston Sent: Tuesday, August 12, 2003 6:04 PM To: Jayna Pancham; Hafeez Rahman; Mike Hops Cc: Francesca Sammarchi Subject: FW: MAINFRAME USERIDS - SECURITY Knowledge alone of a user id cannot be a security breach. My team cannot run reinstatements on the mainframe without the userid from finance, and Beulah refuses to give hers to anybody. In addition, it seems the paper source documentation for reinstatements is also not reliable. Is a signature on paper somehow less damning than a userid ? Its only an electronic version of the same thing for control and verification purposes. This is a check for reinstatements, namely the person in Finance who oks it. The system does not allow one to reinstate without the user id. It doesnt mean anyone can use your id just because they know it. Its exactly like me saying I can logon as you onto the network because I know your logon is mikeh, or hafeezr. The password is the security. (Even though the audit trail is sadly lacking) The logon is just an input parameter required by the system to run the job as proof of the check by Finance. I find it questionable that, as Information Specialist and in charge of Data (system security being something I am required to investigate and improve), I am simply denied knowledge of key people in Finance's logons. If its a problem with the logistics of the process then we need to change the way it works sooner rather than later, because this is not acceptable. I am not indicting anyone so please excuse my ignorance, but can somebody please explain why is this such an issue when it shouldn't be ? ________________________________________________________________________________________________ _______________ Page 9 ANNEXURE A IN MY DEFENSE.txt AUDIT TRAILS, CONTROLS, OPERATING SYSTEM LOGS -----Original Message----From: Suiko Alston Sent: 04 July 2003 09:29 To: Mike Hops Subject: MF operating system logs Hi Mike Could you please ask Angela to organise the logs of the SLCEP jobs run since Nov last year if possible ? Not too sure how big it is, ideally should check from July last year but this should suffice. Thanks S :) PS Thanks for Emp xls From: Mike Hops Sent: Friday, July 04, 2003 10:07 AM To: Suiko Alston Subject: RE: MF operating system logs Hi Angela Can you please do this as far back as you can possibly go. Regards Mike ________________________________________________________________________________________________ __________ From: Mike Hops Sent: Thursday, July 10, 2003 5:06 PM To: Suiko Alston Subject: UCC7 Follow Up Flag: Follow up Flag Status: Flagged Hi Suiko Please see file F:\mwpf\Download\UCC7DATA.TXT. Shawn's U number is U227799. A program will append to this file every night. Unfortunately we could not see who ran what jobs more than a couple of days ago as a backup is not kept of this. Regards Mike email: [email protected] Tel No: +27 (0)11 491 6071 ---------------------------------------------------------------Confidentiality Warning ======================= The contents of this message and any attachments are intended solely for the addressee's use and may be legally privileged and/or confidential. If you are not the addressee indicated in this message, any retention, distribution, copying or use of this message is strictly prohibited. If you received this message in error, kindly notify the sender immediately by reply e-mail and then destroy the message and any copies thereof. The content and any views expressed therein are, unless otherwise stated, the views of the author and not those of the company or any of its management or directors. Whilst all reasonable steps are taken to ensure the accuracy and integrity of information transmitted, the company does not accept responsibility for any corruption of the information or data or breach of confidentiality as a result of electronic submission. When addressed to the Momentum Employee Benefits clients any opinion or advice contained in this e-mail is subject to the terms and conditions expressed in any applicable terms of business. ________________________________________________________________________________________________ ________ CONTRIBUTIONS I was told by the data team that in the past, members who did not contribute the full/correct amount for MABS had their contributions towards MABS zerorised on the system. Advised records without contributions were also deleted. (see below) Page 10 ANNEXURE A IN MY DEFENSE.txt From: Patsy Ferreira Sent: Friday, January 25, 2002 11:53 AM To: Claudia Magano; Grace Mazibuko; Abie Moloi; Craig Adams; Kemmone Khutswane; Mwpfdata Cc: Angela Walker Subject: advised records without contributions. Hi All Angela has confirmed that they will be running a prgm tonight to delete these records from our system. Thanks E-mail disclaimer Confidentiality Warning ======================= The contents of this message and any attachments are intended solely for the addressee's use and may be legally privileged and/or confidential. If you are not the addressee indicated in this message, any retention, distribution, copying or use of this message is strictly prohibited. If you received this message in error, kindly notify the sender immediately by reply e-mail and then destroy the message and any copies thereof. The content and any views expressed therein are, unless otherwise stated, the views of the author and not those of the company or any of its management or directors. Whilst all reasonable steps are taken to ensure the accuracy and integrity of information transmitted, the company does not accept responsibility for any corruption of the information or data or breach of confidentiality as a result of electronic submission. When addressed to the Momentum Employee Benefits clients any opinion or advice contained in this e-mail is subject to the terms and conditions expressed in any applicable terms of business. ________________________________________________________________________________________________ ______________ As of June 2003, mines were still not contributing 6% for MABS. As such, the administrators have set up a fix . This was manually executed by Shawn van der Merwe every month after the recon ran. It took 1% from the contribution towards retirement and allocated it to MABS. There was a problem in the programming logic in respect of how the job dealt with wage cycles and so for several months in 2003 some members had the allocation done twice for one period, and some not at all. At the time of my leaving this was still the case. (See below) -----Original Message----From: Shawn v.d. Merwe Sent: Friday, February 21, 2003 1:33 PM To: Mike Hops Cc: Francesca Sammarchi; Patsy Ferreira; Aretha Casey; Leslie Ekman Subject: Employer Rates Hi Mike Please find attached a file with Employer rates as promised, see if it's okay. Thnx Shawn Employer Rates __________________________________________________________________ -----Original Message----From: Francesca Sammarchi Sent: 25 February 2003 10:05 To: Shawn v.d. Merwe; Mike Hops Cc: Patsy Ferreira; Aretha Casey; Leslie Ekman Subject: RE: Employer Rates We have now fixed the problem as it would affect the last 13 months and as I understand the this includes the month for January 2003. Please confirm the following: 1) What and when and how the mines are going to be communicated to re changing their Page 11 ANNEXURE A IN MY DEFENSE.txt contribution rate? I want to vet this documentation before this goes out. What controls will be put in place to ensure that this happens? 2) What are our interim plans to ensure that we effect this correction for our next few loads (until the employer has corrected their contribution rate). 3) Which employers are still making pro rata contributions ? Regards Fran ___________________________________________________________________ -----Original Message----From: Mike Hops Sent: 25 February 2003 10:39 To: Francesca Sammarchi; Shawn v.d. Merwe Cc: Patsy Ferreira; Aretha Casey; Leslie Ekman Subject: RE: Employer Rates Hi Fran It is only those Jan 2003 contributions that were loaded befroe this weekend. All loads from Monday (i.e. yesterday) must now have the employer contribution fixed as your point 2. Mike _____________________________________________________________ -----Original Message----From: Patsy Ferreira Sent: 25 February 2003 11:52 To: Mike Hops; Francesca Sammarchi; Shawn v.d. Merwe Cc: Aretha Casey; Leslie Ekman Subject: RE: Employer Rates Hi Mike While we are waiting for the mines to correct the split, can you organise a program to be written for the loading of the data for the next few months until all the data is correct. The prgm must be able to identify when the 6% has not been allocated and correct it, if it has been allocated, the prgm must ignore it. Can we organise something like this or what suggestions do you have considering that we are loading data on a daily basis. I suggest that we email the letter to all the mines concerned. The letter will cover the pro rating of contributions, the extra 1%allocation, the deadline of the 7th of every month for data received etc. The email addresses for data and admin should be combined so that we are rather over communicating than under communicating. Shawn and I will set up a control to ensure that this is done by Friday 7 March 2003. thanks Patsy _______________________________________________________________________ -----Original Message----From: Mike Hops Sent: Tuesday, February 25, 2003 12:50 PM To: Patsy Ferreira; Francesca Sammarchi; Shawn v.d. Merwe Cc: Aretha Casey; Leslie Ekman Subject: RE: Employer Rates Hi Patsy I am hesitant to touch the load program as it is an extremely complex program and would require extensive testing before releasing it (minimum 2 weeks). Also it would have difficulty in identifying whether the 6% has or has not been allocated as some mines pay in advance for member's who are going on leave, etc. I would prefer that we go with running the program that ran this weekend as per my earlier email. Please ensure that the Employer's move the extra 1% out of the Employer Contribution column and add that amount into the MABS column. If the Employer Contribution is worked out by the ratio, then they must still change their file to add the extra 1% amount into the MABS column - this will enable the the salary to be calculated using the MABS premium and death section and check the reasonableness of the salary on the system. In both scenarios, the ratio must be changed on Page 12 ANNEXURE A IN MY DEFENSE.txt the SD screen so that Employer O/S Contribs are calculated correctly. Regards Mike ____________________________________________________________________ -----Original Message----From: Francesca Sammarchi Sent: Tuesday, February 25, 2003 12:52 PM To: Mike Hops; Patsy Ferreira; Shawn v.d. Merwe Cc: Aretha Casey; Leslie Ekman Subject: RE: Employer Rates I agree Mike - Patsy & Shawn, go ahead and implement. ___________________________________________________________________________________ From: Shawn v.d. Merwe Sent: Friday, July 25, 2003 9:35 AM To: Suiko Alston Cc: mwpfdata Subject: Contr rates - new.xls Hi Suiko Please find attached contribution rates as at June 2003. Thanx Shawn _____________________________________________________________________ new.xls EE ER MABS 06/03 AngloCoal 5.93 NewClydesdale 5.95 Arnot 5.93 AngloGold EOHS ETC 5.8 Ingwe Delmas Matla Douglas Koorfontein Gloria Khanya Lab Optimum Coll Hexgon DRD Harties Duff Scott Hosp Stilfontein Blyvooruitzicht Buffelsfontein 9.07 9.05 8.07 5 5 6 5 9.2 5 5.95 9.05 Total Contr 6 5 6 6 6 5 20 20 20 20 20 20 5 5 5 5 5 5 20 5 20 20 20 20 5 20 5 4.99 8.32 5 6.45 5.44 10.05 9.375 3.5 Goldfields Beatrix Driefontein Gfts Kloof Medgold 7.5 Gfss St Helena Hosp Oryx 7.5 7.5 7.788 7.5 7.788 7.5 7.5 5.625 5.625 7.5 7.5 7.788 7.5 7.788 5 7.5 9.375 9.375 5 5 5 5 5 5 5.15 5 5 5 5 5 5 20 5.15 5 5 WAPL 5.625 9.375 5 5 20 ConsMurch 5 5 3.56 13.56 5 5.41 6 Harmony 6 Evander/Kinross Kalahari GM 9 5.62 5 5 9.38 9 4.93 5.841 5.841 3.5 5.095 Page 13 20 20 18.25 20.83 21 20 20.09 20 20 20.577 20 20.577 20.59 20 20 Check total contr 20 Randfontein Est Masimong 5.625 Harmony 6 St Helena 5.625 Freegold 5.625 Duiker 5.625 Affiliated Orgs Teba Moz 5.86 Shaft Sinkers Nufcor Chamber of mines Teba Ltd(Jhb) ANNEXURE A IN MY DEFENSE.txt 5 5 Check total contr 5 20 5 20 5 20 5 20 9.375 9 9.375 9.375 5 5 5 5 9.375 6 6 20 10.14 5.93 6.24 5 9.07 5 21 5 20 6 10 5 5 20+ 21 5 20 6 21 5 20 Kangra Welgedacht 5.625 9.375 5 Springlake Colliery 5.625 9.375 Longridge Colliery - See Springlake Savmore Colliery 5.625 9.375 ARM 5.625 9.375 5 Midvaal 5.625 9.375 5 Northam 7.5 7.5 5 5 20 20 5 20 ________________________________________________________________________________________________ __________ REMITTANCE ADVICES ________________________________________________________________________________________________ ________ -----Original Message----From: Suiko Alston Sent: 30 July 2003 08:03 To: Mwpfdata; Coowasagren Pillay; Shawn v.d. Merwe Cc: Jayna Pancham; Hafeez Rahman; Isabel Almeida; Beulah Variawa; Mike Hops; Patsy Ferreira; Labios Mothibi; Grace Mazibuko Subject: REMITTANCE ADVICE - MINEWORKERS Good Morning All :o) As part of the data cleanup, we need to sort out the recon - can you please ensure that every single file has a remittance advice before we even do a preload. Attached, please find Sagren's new remittance advice for all those mines not yet using/sending one. Please forward it to the relevant people who normally submit payment. PLEASE NOTE : if all the mandatory fields (including Salary and MABS % for Entrants, Exits, and reconcilation between opening, entrants, exits and closing members) are not fully completed in or the totals on remittance do not balance to the file or cash amount on CAMS, we will not accept the remittance advice or load the data. Please be reminded that the mines are responsible for sending the correct data and payment information in the required format in terms of the rules of this Fund. In addition, no more remittances will be accepted in electronic format whatsoever, but need to be faxed through to the Finance and a register in a book kept by Sagren of exactly when a remittance advice was received, and whon the contact person is at each point who faxed it through with their details. I will be checking this on a daily basis as well. I will send out an email shortly detailing further control and filing procedures. Thanks --suiko Suiko Alston Information Specialist Southern Negotiated Retirement Fund Services Tel: (011) 491 6197 Fax: (011) 491 6174 << File: Remittance advise.xls >> Cell: 082 588 1164 Page 14 ANNEXURE A IN MY DEFENSE.txt -----Original Message----From: Coowasagren Pillay Sent: Wednesday, July 30, 2003 8:55 To: Suiko Alston; Mwpfdata; Shawn Cc: Jayna Pancham; Hafeez Rahman; Labios Mothibi; Grace Mazibuko Subject: RE: REMITTANCE ADVICE AM v.d. Merwe Isabel Almeida; Beulah Variawa; Mike Hops; Patsy Ferreira; - MINEWORKERS Hi Sorry ...... but when i sent all the new remittances to the mines , i /mineworkers provident fund insisted that all remittances should be sent thru -e-mail or if no e-mail was in the mines then a fax was to be used. at present i get 80 % remittances by e-mail. This system is working well in regard to time saving and faxing AND ELECTONIC PROGRESS. Suko , Lets not change a system that took months of the educating the mines and is working well. -----Original Message----From: Suiko Alston Sent: Wednesday, July 30, 2003 11:16 AM To: Coowasagren Pillay; Mwpfdata Cc: Jayna Pancham; Hafeez Rahman; Isabel Almeida; Beulah Variawa; Shawn v.d. Merwe Subject: FW: REMITTANCE ADVICE - MINEWORKERS Not a problem Sagren :o) You're right, lets rather get things working 100%. We need to implement the following : When a remittance advice is received, whether by fax or email, we need to know about it asap. BOTH DATA and FINANCE need a copy of the advice. It needs to be emailed through from the mines to yourself as well as directly to [email protected] and [email protected] effective immediately. Forwarding the remittance from Finance via email will not suffice - we need to verify against multiple sources whether the information from the mines is, in fact, correct. Before loading any data, we are implementing a check to verify that the remittance totals per finance match the remittance as received by data, the deposit information as verfied by yourself on CAMS, as well as the data file totals.This has to balance and will be signed off by myself before that specific mine is allowed to be loaded. So if you could please help me out and provide me with a copy of the list of all the contacts (email & contact details) per mine / paypoint from whom the remittance advice is received With respect to new controls, kindly provide me personally with the following within 24h of receipt before the 8th of every month - A stamped printout of the remittance advice - Attached a printout from CAMS showing the deposit amount into our account This needs to be done before the data can be loaded. In addition, it seems we are experiencing problems reconciling whereby total monies received are being lumped together per mining house and no individual remittances for individual pay / recon points received. This is no longer acceptable - we need a fully completed remittance per payment made detailing the specific breakdowns for each mine included. (Anglogold -> Vaal Reefs, Western Deep Levels) Please dont hesitate to ask should you have any queries. Thanks, Sagren :D -----Original Message----From: Francesca Sammarchi Sent: Wednesday, July 30, 2003 11:54 PM To: Suiko Alston; Coowasagren Pillay; Mwpfdata Cc: Jayna Pancham; Hafeez Rahman; Isabel Almeida; Beulah Variawa; Shawn v.d. Merwe Subject: RE: REMITTANCE ADVICE - MINEWORKERS Have we looked at PDF files (mines must use this format to submit to us) to ensure extra leg of security ? Hafeez, I would like us to do this please. Page 15 ANNEXURE A IN MY DEFENSE.txt -----Original Message----From: Suiko Alston Sent: Thursday, July 31, 2003 9:29 AM To: Francesca Sammarchi; Hafeez Rahman Subject: FW: REMITTANCE ADVICE - MINEWORKERS I have checked it out, but you need to purchase the adobe software. I am not sure whether the mines currently have [Suiko Alston] that software. You can download a trial version allowing you to make 5 free docs on www Suiko Alston Information Specialist Southern Negotiated Retirement Fund Services Tel: (011) 491 6197 Fax: (011) 491 6174 Cell: 082 588 1164 REMITTANCE ADVICES From: Francesca Sammarchi Sent: Friday, August 01, 2003 6:04 AM To: Suiko Alston; Hafeez Rahman; Edward Bouwer Cc: Jayna Pancham Subject: RE: REMITTANCE ADVICE - MINEWORKERS Then find another way - right now anyone in the process can alter that document. Edward - do you have any ideas ? ________________________________________________________________________________________________ ____________ I was then told that I was 'stepping on Hafeez' toes' and ordered to accept Finance's verbal confirmation that the money had been deposited as the control. (suffice to say until the merger with MAC, there was not a single qualified CA at mineworkers). A verbal confirmation is not a control, or a check on a control, for that matter. I know, I have passed Auditing. So why should I be forced to be accountable for something which is a prerequisite for getting the recon to work if it is a fundamental weakness in internal control ? There were no segregation of duties, checks and independent reconciliations to speak of. All contribution data is loaded and kept on the mainframe, and all payments data in Hafeez' ACCPAC system. The process between the two is a black hole. Any suggestions I made to link the two were discarded. ________________________________________________________________________________________________ _______________ RETRENCHMENTS -----Original Message----From: Suiko Alston Sent: 04 August 2003 01:15 To: Mwpfdata; Coowasagren Pillay; Shawn v.d. Merwe; Patsy Ferreira; Grace Mazibuko Cc: Labios Mothibi; Shiraj Karolia; Edward Bouwer; Mike Hops; Jayna Pancham; Hafeez Rahman Subject: DRAFT PROCEDURE FOR RETRENCHMENTS Good Afternoon All Following please find the amended draft procedure for retrenchments : As per the monthly data files, we request that the mine send a separate file for all retrenchments done in a month (not included in the normal member contributions data) This file needs to be accompanied by a separate remittance advice which needs to be filled in completely and correctly. On receipt of data and remittance, DATA will extract the totals (from the preload) and email these to the HR officer (NOT THE PERSON SENDING THE DATA FILES THROUGH) for separate confirmation of details The confirmation needs to be faxed through to DATA and needs to be verified against the retrenchment data file and remittance, and if everything matches it will be signed off and filed by myself or the data person performing the control/librarian function before the data will be loaded for processing and payment. Page 16 ANNEXURE A IN MY DEFENSE.txt Any exceptions must be followed up with the mine. For a retrenchment exercise involving submitted to MWPF before payment will For a retrenchment exercise involving claim will be initiated and paid as a 20 or less (or individual) members, a claim form must be be processed. more than 20 members, no claim forms are necessary and the bulk retrenchment as is currently the case. This will take effect from 1 September 2003. The necessary communication will take place with the mines. Kindly inform me of any suggestions or possible difficulties you may anticipate which I might not be aware of so that changes can be made if necessary. I would appreciate this by the end of tomorrow please so we can settle this and send out the final procedure by Thursday. Thank you for your time --suiko :o) From: Grace Mazibuko Sent: Wednesday, August 06, 2003 2:03 PM To: Suiko Alston Cc: Labios Mothibi; Patsy Ferreira; Jayna Pancham Subject: RE: DRAFT PROCEDURE FOR RETRENCHMENTS Hi Suiko, The current processes for the retrenchment must not be changed i.e. All retrenchments must be advised by Tape, the ones that can be paid by using claim forms is Paid up members only. And my concern regarding sending information back to the HR officer is that it will delay payment. If you require information to be verified by 2 different sources, you are getting it done anyway-The time office is advising of the exit and payments (remittance)are done at a different point.. or maybe there's another reason for sending it back to HR and you have said. Regards, Grace ________________________________________________________________________________________________ _________ EXCEPTION REPORTING -----Original Message----From: Suiko Alston Sent: 04 August 2003 02:36 To: Mike Hops Cc: Jayna Pancham; Edward Bouwer; Mwpfdata Subject: 601 Exception Report Hi Mike Edward mentioned to me that its possible to get a list of all errors that the 601 detects and how they are configured (Update Y/N, Report Y/N) Is it possible to please organise this so that we can relook at it ? Also we will need to change the output to be printed as well as downloaded to a file. Thanks for your help Suiko Alston From: Mike Hops Sent: 04 August 2003 05:32 PM To: Suiko Alston Subject: RE: 601 Exception Report >Also we will need to change the output to be printed as well as downloaded to a file. This is going to be an incredible waste of paper (EPLDATA is a huge report sometimes of a few hundred pages). Rather download the reports to a protected directory that cannot be altered. ________________________________________________________________________________________________ _______________ THE DATA CLEANUP So I resigned myself to doing what I could :I extracted the membership data off the mainframe Page 17 ANNEXURE A IN MY DEFENSE.txt and after sending out a letter on the cleanup to various mines -Matched all contributing members to the incoming data files on Industry Number -Matched all paid, paid up and advised records By means of a reductive process of set based elimination I sent the residual records to the mines for confirmation : -Duplicate Industry Numbers -Paid up members - Non contributing members - Tape Status 40 (Exit unknown advised) Herewith an email I sent Mrs Sarie van Staden at Randfontein after our workshop at Harmony with respects to the data cleanup : ________________________________________________________________________________________________ ____________ From: Suiko Alston Sent: 24 July 2003 02:32 PM To: '[email protected]' [email protected]' Cc: Mwpfdata; Suiko Alston Subject: MWPF DATA ISSUES UPDATE Hi Sarie Just to confirm and followup on our meeting held on the 10th July : The following people are responsible for data / exception reporting followup at the Harmony mines : Masimong, Harmony Freegold Evander Randfontein,Elandsrand, Deelkraal : : Heroldt van Biljon : Willem van der Walt Alida Engelbrecht : Lazarus Sojane We have extracted a list of all members with duplicate Industry numbers and will forward them to the abovementioned respective people for follow up in the next day We have extracted a list of all members without locations and will forward them to the abovementioned respective people for follow up in the next day (in lieu of monitoring membership and distribution of statements later this year) We have created a list of all members with passport numbers in the incorrect format and will forward them to the abovementioned respective people for follow up by Monday - once we confirm with your HR which of these members are from Mozambique, the necessary system changes can be made to prevent these members from being incorrectly taxed on with withdrawal You raised a concern about paid up members not receiving benefit statements. Could you please provide me with a list of these members so that I can arrange for their statements to be printed ? I am currently investigating the matter on our side to resolve this. As agreed upon, could you please provide me with Michelle Meyer's contact details? Thanking you kindly for your time and cooperation, Suiko Alston Information Specialist Southern Negotiated Retirement Fund Services Tel: (011) 491 6197 Fax: (011) 491 6174 Cell: 082 588 1164 ________________________________________________________________________________________________ ___________ FRAUD I FOUND Musa, the HR person from Kloof phoned with a complaint of a member whom he had known personally who had passed away and everytime his wife/family came to the Fund to claim they were told there is no money for them, the member had already been paid as a retrenchment. I followed this up and checked the system and got his service records from the mine. Industry No C1414106 - died 3 August 1999 in the mine hospital HIV related. I obtained his duplicate death certificate. He was retrenched 3 months after he died. I couldnt find him anywhere on a retrenchment file. I requested his transaction listing on his account from TEBA. As you can see, the members retrenchment benefit was collected on Friday 12 April 2001. Page 18 ANNEXURE A IN MY DEFENSE.txt After reporting the matter to management, I was told by Jayna that Mike Hops had found him on a file (which to date I still havent seen), and that the error had been corrected and the family paid the death benefit. I was also told not to pursue the matter any further. To my understanding, a member may not be reinstated / get paid a benefit twice unless it has been authorised by the trustees. I informed Mr Mahlangu of the fraud. He never relayed the case to the Trustees. Was that not his responsibility as Principal Officer ? TEBA Account transaction listing : Mine_No Entry_No Book_No Balance_Before Date Payment_Type Cheque_No Amount Time Paypoint Trx_Type Ins_Com Policy Cashier_Id Page Line Acc_No Payroll ------- ----------- ----------------- ----------- ------------------------- ------------ -------------------- ----------- ----------------------------- ------------------------ ----------- ----------- --------------------- 095 67 Jul 911831.0 559.81 7 1999 12:00AM 1 -550.00 100456 0.0 14 095 305 Aug 911831.0 9.81 5 1999 12:00AM 1 1,637.49 074719 0.0 0 1672 Aug 911831.0 1,647.30 6 1999 12:00AM 1 417.43 073228 0.0 0 0 095 1531 Aug 24 1999 12:00AM 911831.0 90 2,064.73 2.92 112839 0.0 0 0 345 09501C1414106 0 Int on Jrnl Closing 0 0 0 095 1532 Aug 24 1999 12:00AM 911831.0 92 2,064.73 -2,067.65 112906 19508.0 0 0 327 09501C1414106 0 E/L 09501C1414106 0 0 0 095 571 Oct 19 1999 12:00AM 911831.0 0 0.00 0.00 090200 0.0 0 2491 Nov 26 1999 12:00AM 9999999999.0 1 0.00 11,877.40 074523 0.0 0 095 095 ******** retrenchment benefit paid to TEBA 095 2591 Nov 26 1999 12:00AM 9999999999.0 0 11,877.40 0.00 095 095 3358 Nov 30 1999 12:00AM 9999999999.0 90 11,877.40 4.48 11 Apr 1617053.0 12,251.42 103010 0.0 0 191515 0.0 0 5 2001 12:00AM 1 2.69 132327 6277190.0 0 ********* money paid out by TEBA 095 12 Apr 5 2001 12:00AM 1617053.0 1 132327 6277190.0 Page 19 103 101 09501C1414106 0 19990707 101218 3 11 0 0 608 09501C1414106 0 0 0 0 964 620 09501C1414106 0 0 0 0 DAISY 0 960 703 09501C1414106 0 0 0 623 09501C1414106 0 0 0 0 1158 352 09501C1414106 0 0 0 0 0 344 09501C1414106 0 0 0 0 0 342 09501C1414106 0 0 0 0 0 0 323 09501C1414106 12,254.11 095 13 1617053.0 -2.02 4 1617053.0 0.00 6 1617053.0 0.00 5 1617053.0 0.00 095 095 095 Apr Apr 5 6 Apr 17 Sep 4 ANNEXURE A IN MY DEFENSE.txt -12,252.09 0 0 2001 12:00AM 132327 0 0.0 -2.02 0 0 2001 12:00AM 111721 0 0.0 0.00 0 0 2001 12:00AM 094742 0 0.0 0.00 0 0 2001 12:00AM 111527 0 0.0 0.00 0 0 0 0 347 09501C1414106 0 0 703 09501C1414106 0 0 703 09501C1414106 0 0 703 09501C1414106 0 0 0 0 0 0 DAISY 0 0 DAISY 0 0 ELIZE ________________________________________________________________________________________________ _____________ I had arranged a data swap with Mr Frikkie Shroeder of MPF Management Services (Sentinel Retirement Fund) so that we could confirm our paid up membership. Shawn van der Merwe had informed me that hundreds of paid up members had died and never received their Provident Fund benefits. I held two meetings with TEBA to address the cleanup issues. Herewith the agenda I drew up for the first meeting : ________________________________________________________________________________________________ __________ MINEWORKERS PROVIDENT FUND AGENDA FOR THE ADMINISTRATION MEETING Date: 07 August 2003 Time: T.B.A. Venue: M.W.P.F. – ADMIN. ROOM Item No. 1. Item Introduction Responsibility J.P. Items to be discussed 2. Mozambican Issue – Non Payment of benefit to Mozambican Members. S.K + NUM REP. 3. Authorization Letter from the Fund. Releasing of benefits from Teba to the Beneficiaries. S.K 4. Location listing for Deceased Members. S.K 5. Unclaimed Monies in Teba Accounts. S.A 6. Locating of Death Certificates. – (Mozambican, Lesotho & Swaziland) S.K 7. Teba Process – Payment from Teba to Member/Beneficiary. J.P 8. Data Swop. S.A 9. Industry No S.A. 10. 1.Duplication of Industry No. 2.Re-Allocation of Industry No 3.Collieries. 4.Two Miners using one Industry No. 5.Changes in Industry No. S.A Teba Branch Codes S.A Shawn van der Merwe accompanied me to my second meeting at TEBA with Gerhard Human and Wendy Kraemer, the morning my laptop was confiscated. Subsequent to leaving Lekana, I contacted Wendy to request the Modulus 11 check formula for validating the Industry Numbers. ________________________________________________________________________________________________ ____________ From: [email protected] Subject: Industry Numbers Date: Tue, 24 Feb 2004 10:15:33 +0200 Page 20 ANNEXURE A IN MY DEFENSE.txt To: [email protected] Hi Suiko, As per Mrs W Kraemer's request, I have found the below explanation of the Modulus-11 on the internet; further more I have attached a file with sample code of how our application developers code the modulus check. The coding is done using Delphi. * Calculations of modulus 11 check digits: * * Assigned weighted checking factor base * to each digits position of basic weight * code number starting with units * position of number and progressing * to most significant digit * * Weight used is: * 765432765432765432765432765432765432 etc. * * Multiply each digit of the basic * code number by its weighted checking * factor, and add the products * * * * * * * * * * * Divide Sum of products by 11 * * Subtract remainder from 11 * difference is check digit * * Result : 943457842 3 * 9 4 3 4 5 7 8 4 2 4 3 2 7 6 5 4 3 2 36 12 6 28 30 35 32 12 4 Sum = 195 195 % 11 = 17 plus remainder of 8 11 - 8 = 3 Í Thando TEBA Limited Tel: +27 11 353 6067 Fax: +27 11 493 2029 email: [email protected] "Whether you think, you can or cannot, you are right" File: Modulus11.txt (765bytes) ________________________________________________________________________________________________ ______ Hi Wendy/Thando How are you doing? I apologise for being a pain but it is imperative that I get this right : Here is the Delphi code forwarded to me by Thando. I have looked at the logic and tried many variations in great detail but am getting no joy. Where am I going wrong? Please could you help or refer this to someone who can ? I dont think it's such a train smash, because the logic is fairly simple, if I am applying it correctly. I have previously coded the Modulus 10 check for ID Numbers, so its not foreign to me.I have also looked extensively on the www for all variations of methods in calcuation. However, I am using the Delphi code as programmed on your system : Your code as forwarded ************************************************************************ function TTebaNumber.CheckModulus11: Boolean; Page 21 ANNEXURE A IN MY DEFENSE.txt var CPref : String; weight : array[1..6] of Integer; Pref, i, n : Integer; begin weight[1] := 8; weight[2] := 4; weight[3] := 6; weight[4] := 3; weight[5] := 5; weight[6] := 2; Result:=False; CPref := copy(FIndustryNo,1,1); If ((Ord(CPref[1]) >= Ord('A')) and (Ord(CPref[1]) <= Ord('Z'))) then begin CPref := Copy(FIndustryNo,2,7); try StrToInt(cpref); result := true; except exit; end; end; CPref:=Copy(FIndustryNo,1,1); Pref:=Ord(CPref[1]); n:= (Pref-65)*7; for i := 2 to 7 do n:=n+(StrToInt(Copy(FIndustryNo,i,1)) * weight[i-1]); n:= n mod 11; i := StrToInt(Copy(FIndustryNo,8,1)); result := (n = i); end; ******************************************************************** EXAMPLE Here is the application your program logic - my comments/calculations are in red. Please help me out as to where I am going wrong, because days later after trying various DR and DSR methods for modulus 11 check, including weighting and not weighting the alpha character, nothing works) Have tried assigning weights from right to left as well (from least to most significant digit) as is normally done but no joy. Ord function returns the value A=1, B=2, C=3-> Z=26 etc Your declared variables are : CPref (String, Weight (Array) weight[1] := weight[3] := weight[5] := ie character data type) of integer type with the following values : 8; weight[2] := 4; 6; weight[4] := 3; 5; weight[6] := 2; Pref, i, n : integer types Assume Industry Number is C1414106 POSN DIGIT WGHT 1 C 2 1 1 3 4 8 4 1 4 5 4 6 6 1 3 7 0 5 8 6 2 * * check digit in position 8 Position 1 alpha character just gets numeric value, its not weighted according to your code) Position 8 is the check digit. Your declared variables are : CPref (String, ie character data type) Weight (Array) of integer type with the following values : weight[1] := 8; weight[2] := 4; weight[3] := 6; weight[4] := 3; weight[5] := 5; weight[6] := 2; Pref, i, n : integer types CPref := copy(FIndustryNo,1,1); Page 22 ANNEXURE A IN MY DEFENSE.txt Reads first alpha character of the industry number into variable If the numeric equivalent is between 1 - 26 (incl) ie A-Z, then continue If ((Ord(CPref[1]) >= Ord('A')) and (Ord(CPref[1]) <= Ord('Z'))) then begin If the numeric equivalent of the 1st character is between 1 and 26 (inclusive) begin : CPref := Copy(FIndustryNo,2,7); Read the digits starting from position 2 for a length of 7 'places' into character variable Cpref so CPref = '1414106' try StrToInt(cpref); result := true; ***** IF they're all numbers (ie converted to integer from string), the result variable is assigned the value of true except exit; end; end; CPref:=Copy(FIndustryNo,1,1); **** CPref allocated first alpha value character, C per the Industry# example Pref:=Ord(CPref[1]); *** Pref (Integer variable allocated numeric equivalent of alpha character, as you indicated Wendy A=1, B=2 etc. so in this case it would be 3 n:= (Pref-65)*7; so n = (3-65)*7 n = -434 for i := 2 to 7 do n:=n+(StrToInt(Copy(FIndustryNo,i,1)) * weight[i-1]); **** so this is an incremental loop for i = n n n n n 2 = = = = = n + (Numeric digit in position i for a length of 1) X Weight[i - 1] -434 + (1 * weight[2-1]) -434 + (1 * 8) ie Weight[1] array value -434 + 8 -426 i = n n n n n 3 = = = = = n + (Numeric digit in position i for a length of 1) X Weight[i - 1] -426 + (4 * weight[3-1]) -426 + (4 * 4) ie Weight[2] array value -426 + 16 -410 i = n n n n n 4 = = = = = n + (Numeric digit in position i for a length of 1) X Weight[i - 1] -410 + (1 * weight[4-1]) -410 + (1 * 6) ie Weight[3] array value -410 + 6 -404 Page 23 ANNEXURE A IN MY DEFENSE.txt i = n n n n n 5 = = = = = n + (Numeric digit in position i for a length of 1) X Weight[i - 1] -404 + (4 * weight[5-1]) -404 + (4 * 3) ie Weight[4] array value -404 + 12 -392 i = n n n n n 6 = = = = = n + (Numeric digit in position i for a length of 1) X Weight[i - 1] -392 + (1 * weight[6-1]) -392 + (1 * 5) ie Weight[5] array value -392 + 5 -387 i = n n n n n 7 = = = = = n + (Numeric digit in position i for a length of 1) X Weight[i - 1] -387 + (0 * weight[7-1]) -387 + (0 * 2) ie Weight[6] array value -387 + 0 -387 **** end of loop n:= n mod 11; calculate this as : -387\11 =-35.18 => 35 x 11 = 385 Difference between 387 - 385 = 2 Therefore -387 MOD 11 = 2 so n is equal to 2 i := StrToInt(Copy(FIndustryNo,8,1)); This allocates Variable i = Convert Last digit (ie position 8 which is check digit) of Industry Number to Integer type so in this example i would be 6. This does not equal 2, neither does 11 - 2 = the check digit (6) result := (n = i); end; So this would not be a valid Industry Number ? I believe it is (cant be sure, because I dont know if I am calculating the check correctly) Please help. I really appreciate your and Thando’s effort. Thank you. Look forward to hearing from you. --Suiko ;o) 084 8086270 [email protected] ________________________________________________________________________________________________ ________ From: [email protected] Subject: Re: Industry Numbers Date: Thu, 26 Feb 2004 07:28:56 +0200 To: "Suiko Alston" <[email protected]> [email protected]> Cc: [email protected] Hi Suiko Please remember the alpha character also has a value that is to be calculated in the Page 24 ANNEXURE A IN MY DEFENSE.txt modulas 11 check. i.e. A =1 B=2 C=3 and so on If you do not use the alpha in your check it will not be a valid Industry Number. The only letters we agreed not to use as alpha prefixes are "O", "U", "E", "I", "Q", "V", "L" and "Y" A = JHB B= JHB, Carl, Klerks, Welkom and Rustenburg (All areas) C= Carletonville D= Not yet used F= Seniors (Cat 9 and above) G= All areas H= All areas J= Not yet used K= Klerksdorp M=Not yet used N=Not yet used P= Seniors R= Rustenburg S= Not yet used T= Temporary Numbers W= Welkom X= Not yet used Z= All areas I hope this helps Regards Wendy Kraemer Manager Business Support ServicesTel (27 11) 353 6059 ________________________________________________________________________________________________ ______ Note in Mrs Kraemers email that the letter M is as of yet unallocated . There are literally thousands of members on the system dating back several years who have Industry Numbers beginning with an M. I also find it questionable that Industry Numbers are allocated by TEBA, but on our system Industry numbers increase sequentially with Employee Numbers at certain mines. The modulus 11 check for Industry Number is detailed in a business spec on the Reconciliation process signed off by Francesca Sammarchi. On closer inspection I saw that the formulas to verify Industry Number as given by TEBA and MWPF are completely different. I have received no reply from TEBA to my email above, needless to say. ________________________________________________________________________________________________ ____________ UNCLAIMED BENEFITS From: Patsy Ferreira Sent: 08 July 2003 05:02 PM To: Grace Mazibuko Cc: Suiko Alston; Shiraj Karolia; Jayna Pancham Subject: Paying unclaimed benefits Hi Grace As per our discussion confirmation that you and your team are processing the outstanding claims and paying them to Teba Cash. Regards Patsy ________________________________________________________________________________________________ ______ ESTABLISHING FUND MEMBERSHIP I called the fund actuary at Alexander Forbes to ascertain from him what he understood the membership of the Fund to be. He indicated a figure of +-250 000. I was subsequently forbidden to contact Mr Henderson again. Currently, the membership of the fund is 170 000. I dont know how, because when I left the duplicate / dormant records were all still there. It is also interesting that admin fees, until a year or two ago, had always been charged based on the number of members. So because a member cant read or write, he's paying admin fees for 10 records on the system. As the Provident Fund would be one 'leg' of the employee benefit transaction, in terms of audit procedure one should then verify against external sources of evidence (ie the employer records) as the data at the administrator is unreliable as a result of a lack of internal controls. After leaving Lekana, I embarked on an exercise whereby I tried to match the number of employees with what was disclosed in the Annual Reports as well as Form 20F submissions to the SEC for Goldfields, DRD, Harmony and Anglogold. Even there I found a significant discrepancies in the numbers across the same periods- across permanent employees, contractors and subcontractors for Page 25 ANNEXURE A IN MY DEFENSE.txt the same period. I then went and got statistics on the labour force from the Chamber of Mines, Statistics SA, Dept. of Labour and the DME. On visiting the Dept Minerals and Energy in Pretoria and requesting the number of employees per operation / shaft in South Africa, I was told by Mr Roux, the head statistician, that this information was strictly confidential as per instruction from the mines. I researched in the press. For Anglogold for the same period, articles quoted employee numbers ranging from 45000 to 55000 to even 138000 in one report, something probably closer to the truth. So if one cannot even verify at the employer, how could I possibly be expected to do it from the position I found myself in at the Provident Fund ? It is interesting to note that all submissions and statistics (which are required from the mines in terms of submissions of DME 112 and 115 forms) all concur more or less. The only one which varies was a SADA Labour Force Survey done in 2000 which statistically sampled and then projected the attributes onto the population as a whole. This indicates the number of people employed in the mining industry in South Africa in 2000 to be in excess of 490 000, probably closer to the truth. It is also interesting that despite all the downsizing and retrenchments, the net size of the labour force still grew by 2.4% in 2002. ________________________________________________________________________________________________ ____________ MY THIRD SUBMISSION IN AUGUST 2003 My work and ability to deliver upon deadlines has been critically commented upon by you on a number of occasions. These should however be reviewed in the light of the enormity of the task actually expected of me. Furthermore, the lack of your input in terms of what is realistically achievable, what is specifically required of me, how these are to be achieved and physically creating the appropriate structures to empower me to appropriate the necessary resources to achieve my objectives has not been forthcoming in any meaningful way. Instead, you have chosen to focus on meaningless and unrealistic deadlines, continually demanding additional investigations and prove minimal feedback or assistance when you have reviewed some of the work that I have already undertaken. In conclusion, in light of the scale of the problems associated with the MWPF records, the need to address the data clean-up within the context of existing systems shortcomings and inadequacies, the possibility of fraudulent activity and the need for a re-evaluation of the overall data processing environment, it is my considered opinion that if we are to make any real and meaningful progress towards achieving any of the stated objectives that we sit down and realistically plan our options and how we hope to achieve that which we originally hoped to ________________________________________________________________________________________________ ______________ A few days after submitting my third and final submission to Francesca and Ann Weisz, my laptop was confiscated. ( I was told that a business analyst required one urgently) Francesca left a handwritten note on my desk on 27 August 2003. I have copies of all of this should you require it, it's just too big to send via email. I still have no idea what a stiffie rom is. I had indicated to Jayna that I had backed my work up onto CD. I was then instructed that I should bring all my backups to be kept in the safe at the office - 'to protect my credibility'. Hi Suiko Where is the stiffie rom for the laptop - wasnt returned when you gave the laptop back ? Your computer should be here today; they couldn't release it until they had set up the laptop - this took some time as you formatted it! So hence the delay. Jayna advised that you will drop off 4 CDs this morning - I am in. Fran ________________________________________________________________________________________________ __________ Francesca Sammarchi and Jayna Pancham had discussed it, and between those two IT gurus, they decided that it was not necessary for me to have a laptop for me to do my job, and I received an old Pentium II PC . Hardly sufficient. Francesca later 'consoled' me by saying that there was no money left in the budget (a data cleanup of such importance and urgency could not warrant additional expenditure of R14 000 - hard to believe) and she would get me one as soon as the opportunity availed itself. I was without a PC for several days (apparently due to the fact that I had reformatted the laptop harddrive beforehand - I dont see how the two are related -or why it had to be returned directly to Francesca, and not the IT support desk as in normal organisations). The IT desk usually reformats the hard drive and sets the machine up for a new user with network logons, access etc. So I would have been doing the IT support person a favour by reformatting the hard drive - less for him to do. On both occassions that I was given old machines to work on, neither had been reformatted or cleaned up. In fact the first machine I got on starting employment belonged to Jude Ram, one of the data team members who had absconded a month before I arrived. I Page 26 ANNEXURE A IN MY DEFENSE.txt went through his backups of all the work done in Data for the previous two years because that was my job, and hence my current levels of understanding of what is going on. Not due to any fault or dubious behaviour on my part such as snooping around accessing confidential information, but perhaps rather (due to their own detriment ) Lekana being careless in not tidying up. I was not prepared to put my name to this task which I knew was humanly impossible in the given time frames. I would conveniently be the next scapegoat and another 'failure' in sorting out the data. Yet another delay would have the net effect of allowing any fraud which was being perpetrated to continue unabated. In an informal counselling session just before I left, I explicitly told both Jayna and Fran that I would not be in any way invloved with Benefit Statements as I was aware that many members were a few months short on contributions as a result of the MABS problem. I said that I did not want my name associated with a company that was unethical and where things were happening that were not right. ________________________________________________________________________________________________ __________ ANGLOGOLD WORKSHOP > > > > > > > > > > > > > > > > > > > > > > > > -----Original Message----From: Jayna Pancham Sent: 20 August 2003 04:10 To: Shiraj Karolia; Suiko Alston Subject: Admin Workshop :Anglogold Please note that this meeeting has been provisionally set.The details are as follows: Date : 01.04.2003 Time : 10h00 Venue: West Wits,Carltonville Ben is to forward agenda items,no, of attendees and confirmation of the above shortly. In the interim please ensure that all the bits are being put together. Regards Jayna ____________________________________________________________________________________ > > > > > > > > > > > > > > > > > > > > > > > > > > > -----Original Message----From: Jayna Pancham Sent: 28 August 2003 12:38 To: Suiko Alston Subject: FW: Admin Workshop :Anglo gold Suiko As per the email detailed below, you were made aware of the new date for the workshop to be held with Anglo gold on the 20.08.2003.The date of the workshop is the 01.09.2003 and not 01.04.2003 as indicated on the email. This was verbally advised. To date the information required from yourself for inclusion in the agenda is not ready. I am aware that you were without access to a computer for approximately 2 days during this week. However, this workshop was initially scheduled for the 13.08.2003.Hence the information required should have been readily available for inclusion in the agenda. Shiraj has also requested this information from you on various occasions. With you being booked off work has now puts us in a bit of a predicament ito getting the agendas completed accurately and timeously. Page 27 ANNEXURE A IN MY DEFENSE.txt > > > > > > > This is neither professional nor the manner in which we want to administer this scheme. Regards Jayna __________________________________________________________________________________________ > > > > > > > > > > > > > > > > > > > > > > > > > > > -----Original Message----From: Suiko Alston Sent: 28 August 2003 05:07 To: Jayna Pancham Subject: RE: Admin Workshop :Anglo gold Hi Jayna To set matters straight, the work WAS all completed for the agenda, infact Shiraj and I are binding the first one as we speak. It was all completed and sitting in f:\DATA\ANGLO, as I told you on the phone earlier. The only thing that had to be typed up was the mass retrenchments letter as Patsy dealt with that for the previous meeting. That was on my laptop, suffice to say. Please confirm your facts before accusing me of being unprofessional just because you dont know every detail of what I do, how long and when you think it should take me to do and where it is. Not forgetting the level of responsibility of my work, I dont believe it is called for that you treat me like a child. In addition, as one of the 'most expensive resources at mineworkers', I dont believe it's cost effective use of company funds that I spend hours binding agendas, so please find one for your perusal. Should this be to your satisfaction, I trust you will arrange for someone suitable to bind the other 20. I am going home now, as I have infact been booked off sick for two days see certificate on your desk. ________________________________________________________________________________________________ __ I was then told by Francesca that she had cancelled my attendance of the data cleanup meeting scheduled at Anglo, and that I was to stay in the office to 'concentrate on the data cleanup'. More than this I could not do - my hands were tied. We moved one floor up, and I was put in a cubicle on my own facing the wall, isolated from the rest of the data team. By then my management responsibilities had been removed.Frans Malhangu, Ann Weisz, Dave Steere or Francesca Sammarchi made their displeasure most obvious to the point that none of them even greeted me after that. In a professional environment, where people have differences of opinion, it is well mannered, polite and costs you nothing to say hello and goodbye or please and thank you. Well that's how I was brought up. Needless to say the work environment was no longer pleasant for me. I was instructed to fill in timesheets (something that no one else in Data was required to do). I was also informed by facilities that management had requested the report of my access in and out of the building for the last two months. UNAUTHORISED ABSENCES FROM THE OFFICE ________________________________________________________________________________________________ ___________ From: Suiko Alston Sent: Thursday, May 08, 2003 11:00 AM To: Francesca Sammarchi Subject: DENTIST Hi Fran Just to let you know I'll be out this pm as I have a dentist's appointment @ 2pm in Pretoria for a root canal :p Have a meeting tomorrow am with Ed, Elizabeth, Mike and Labios to clarify issues and finalise details wrt www's - will give you feedback by the end of tomorrow Ta --suiko Page 28 ANNEXURE A IN MY DEFENSE.txt ________________________________________________________________________________________________ _______ -----Original Message----From: Suiko Alston Sent: Monday, July 21, 2003 8:14 AM To: Francesca Sammarchi; Jayna Pancham; Mwpfdata; Shiraj Karolia; Patsy Ferreira Subject: Tuesday PM Good Morning All Just to let everybody know : I wont be in tomorrow afternoon, I have an appointment for my teeth at the specialist at 13H30. Thank you, --Suiko ________________________________________________________________________________________________ __________ From: Francesca Sammarchi Sent: Tuesday, July 22, 2003 10:59 AM To: Suiko Alston Cc: Jayna Pancham Subject: RE: Tuesday PM Where were you this morning ? ________________________________________________________________________________________________ ______________ -----Original Message----From: Suiko Alston Sent: 22 July 2003 05:47 To: Aretha Casey Cc: Jayna Pancham; Francesca Sammarchi; Cheryl Harwood Subject: FW: Tuesday PM Hi there Aretha, would you mind please just confirming that I did in fact call in this morning at 9am as I couldnt get hold of Jayna and that I asked you to please communicate to her as well as data that I wouldnt be coming in this morning due to severe cramps.I do have a certificate from the prosthodontist iro my root canals this afternoon. Fran, I am sorry for creating any misunderstandings from my side - your out of office autoreply explicitly stated that you would be on leave from 15th to 22nd July, implying that you would only return to work on the 23rd, hence my communication to Jayna in your absence. Apologies, wasnt my intention to inconvenience anyone. I will see you all tomorrow morning and hopefully I've stopped drooling by then. --Suiko ________________________________________________________________________________________________ ______________ From: Aretha Casey Sent: Wednesday, July 23, 2003 8:21 AM To: Suiko Alston Cc: Jayna Pancham; Francesca Sammarchi; Cheryl Harwood Subject: RE: Tuesday PM Hi there, I did receive a call from Suiko, yesterday morning and was supposed to convey the message to Jana and Patsy. I managed to convey the message to Patsy after the Ops meeting, but could not get hold of Jana. When Jana returned to her office (midday), I conveyed the message to her and she advised me that she'll inform Fran. Trusting the above to be in order. Aretha ________________________________________________________________________________________________ ______ Page 29 ANNEXURE A IN MY DEFENSE.txt I have 10 medical certificates with respect to absences from the office. Feel free to contact me should you wish copies. Lekana has the copies on file. I had a root canal which became infected and needed surgery to remove the tooth. Hence the sick leave. Certainly in the last week or two I wasnt in the office that much. What was I supposed to do? I had been to see my lawyer with respects to filling in timesheets. I had also been to the FSB earlier that week, funnily enough. ________________________________________________________________________________________________ _______ INSUBORDINATION -----Original Message----From: Hannelie van Niekerk Sent: Monday, May 12, 2003 8:29 AM To: Suiko Alston Subject: System Ops meeting Hi Suiko, Is the system ops meeting still scheduled for today? Do you need me there? Ta Hannelie van Niekerk Momentum Employee Benefits: IT 4 Merchant Place - Sandton ( : +27 11 685-4397 Ê : +27 11 685-4392 E-mail : [email protected] ________________________________________________________________________________________________ __________ From: Suiko Alston Sent: Monday, May 12, 2003 9:05 AM To: Hannelie van Niekerk Subject: RE: System Ops meeting Hi Hannelie :o) Fran is in Sandton for most of the week - Ed just got an SMS saying systems op meeting postponed till next Monday Ta S ________________________________________________________________________________________________ _______________ We had a data cleanup meeting earlier that week, and I had not completed the progress report on the data cleanup as Francesca had missed several previous scheduled meetings without notifying any of us at all. I explained that it was a waste of my time to spend 5 hours preparing a report every time just incase she decides to pitch for one of her appointments. I was not rude or insulting in any way. In fact, it was the first time I had ever verbally responded to anything since I became aware that there was something more to all of this. She then screamed at me and told me to 'get the f**k out' of her office. I duly went to my desk, packed up and left for the afternoon. ________________________________________________________________________________________________ _______________ UNAUTHORISED REMOVAL AND ATTEMPTED REMOVAL OF CONFIDENTIAL CLIENT INFORMATION FROM LEKANA'S PREMISES On the morning of Friday 11 November 2003, when I got to my desk, my PC was gone - all that was there was a screen, still plugged in. Appointed as Information Specialist and as such primarily responsible for data it goes without saying that I was unable to do anything constructive at the Page 30 ANNEXURE A IN MY DEFENSE.txt office without the tool of my trade. After taking work to go through at home I left (section 14 transfer recon). It was then that I noticed Deon, from 3D properties and a security guard following me and then realised that they were trying to prevent me leaving with anything. Why would someone who has nothing to hide go to such extreme lengths ? This is supposedly a professional corporate environment, not cops and robbers. In the basement, security would not buzz me out as per instructions received from Lekana . I then went one level up to B1 and encountered Cheryl Harwood from HR running down the stairs towards me. So I ran out and exited through the vehicle ramp and ran down Commissioner St. I went to John Vorster Square where I put everything in the safe. Whilst at the police station, I received a call from my grandmother in Pretoria saying that Ann Weisz had called her to ask for my celphone number. The company refused to issue me with a celphone or business cards so not many people had my private number. On arriving at the police station I had an anxiety attack for the first time in my life. Attached please find a letter from my doctor, Dr N.J. Smit, whom I went to see that afternoon declaring me unfit for work for 2 weeks as a result of work induced stress, anxiety and secondary major depression. For the record, I was chased out of the Life Center on Friday, the 11 November 2003 - the day the Treaty of Versailles was signed to end World War I. The reason Lekana backdated my 'resignation' date to the 6th November (as indicated by certain correspondence) was that I had lodged an application to join a Trade Union, SASBO, on the 10th November 2003 (as I was unable to join the National Union of Mineworkers due to being employed in a different sector - confirm with Shawn van der Merwe who accompanied me in my effort to join NUM earlier in the year in Rissik Street). I met Ann Weisz on the Monday in Sandton at Cafe Cafe. Here I was told that should I not resign, return all documentation sign a confidentiality agreement I would be charged with employee theft as they had me on camera leaving the building. At this stage Lekana still had no idea specifically what documentation I had left the building with. It could have been sheet music. Before meeting her there again the following day, I contacted Ann to ask her if she would like to accompany me to the police station to retrieve the documentation as proof that I had not copied it or tampered with it. She declined. These were the source files for the section 14 transfers of which I returned everything untouched. Given the fact that on both previous occassions of me original data / my backups, a reasonable man can only any further evidence I submitted. What if I needed to in a court of law ? So I kept my email correspondence reporting fraud Lekana confiscated the deduce that they would conceal or destroy defend these allegations made against me backups as detailed above. exerpt : LETTER TO MY LAWYER FROM ANN WEISZ ON MY WITHDRAWAL OF RESIGNATION ON 5 December 2003 : 5 December 2003 Ms S Alston 108 Matroosberg Road Waterkloof Park Pretoria 0181 c/o Mr Imraan Haffegee [email protected] WITHOUT PREJUDICE Dear Sir RESIGNATION FROM SERVICE We note with surprise the content of Ms Alston’s letter dated 28 November 2003 that was e-mailed to our offices. We regret to advise that we are not prepared to allow your client to withdraw her letter of resignation, which we believe was given voluntarily and unconditionally in an effort to avoid a disciplinary hearing for misconduct, admitted by your client both verbally and electronically by SMS to a company cellphone. --end ________________________________________________________________________________________________ ___________ I never ever resigned as an admission to guilt. I didnt have much choice. I refused to sign the original settlement agreement as provided by Ann Weisz above. I would have stayed and at least be given a hearing by an independent ear at the CCMA on these allegations and be allowed to defend myself. I merely SMS'ed her to tell her that I would be handing in my resignation the following day. ________________________________________________________________________________________________ ___________ Page 31 ANNEXURE A IN MY DEFENSE.txt Something is only defamatory if it is untrue. Nothing I have said is untrue. I have visible prima facie evidence for everything. When one's word is congruent with fact as evidenced, most normal people generally assume that this means a person is speaking the truth. I fail to see how I have not supported anything I have claimed with hard facts. In such a case, it is not me who is 'smearing' the subject with 'unfounded and baseless allegations' and doing damage to their character, but rather the voice of truth that shows such people or organisations to damage to their character and reputations by means of their own actions and words. I have been and still am merely a mirror of what is fact. Because truth is the only constant one has to protect you in dealing with people who may be less than truthful. Keeping this in mind, all the above allegations and accusations made against me have been shown to be untrue. This would mean that is I who has been the subject of defamation. I have suffered in not being able to find employment without a reference, in having my name tarnished in my field of work and amongst all my former colleagues at Lekana. My health has suffered, I have been blacklisted, my family, my career and so too my self esteem. So because a good name has no price on it, and being left no other option, I am clearing my name so that I can at least receive some acknowledgement and recognition for that which I value the most before I can carry on with the rest of my life. I remain, Miss Suiko Alston Page 32
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