ANTI-CORRUPTION PROGRAMMES IN THE PUBLIC SERVICE

03 NOVEMBER 2010

PORTFOLIO COMMITTEE

OUTLINE OF THE PRESENTATION

Problem statement Background Response to the identified challenges Improve capacity to fight corruption A. Institutional mechanisms

IMC & Coordinating Committee Special Anti-Corruption Unit Multi-Agency Working Group Local Government; and Justice

B. Public Sector Integrity Management Framework (Policy) C. Anti-Corruption Capacity Building Programme (Capacity)

Conclusion

PROBLEM STATEMENT

There is great frustration about the delayed response of departments in fighting corruption especially in managing conflicts of interest and tender irregularities.

In cases, whereby wrongdoing is identified, sometimes it takes several months for disciplinary processes to be initiated.

Officials are often suspended on full-pay for months and sometimes for years.

Significant inconsistencies in the type of sanctions applied for similar offences.

Allegations of corruption reported to the anti-corruption hotline are also referred back to departments for follow-up, but because departments do not have sufficient investigative capacity, initial investigations are never completed. 3

BACKGROUND

Between September 2004 and March 2008 a total of 4202 alleged cases were reported and referred to departments 1923 cases were referred to national departments for

investigations 2181 cases were referred to provincial departments

for investigations. Feedback was received in respect of 1292 cases (31%). 335 cases were finalized.

4

BACKGROUND (cont…) Auditor-General Report

3134 cases of public servants doing business with government were identified.

25 of those were SMS members Majority were between level 1-12 especially salary levels

6-10. Health and Education

Did not have permission to perform remunerative work outside the public service and had not declared their interests.

Disciplinary processes were undertaken in 13% of the cases with varying degrees of applications.

5

6

RESPONSES TO THE IDENTIFIED CHALLENGES

In order to address the aforementioned problems, anti-corruption programmes to step up prevention, detection, investigation and adjudication capacity of departments have been initiated.

The focus is on developing the capacity of departments and other government institutions to carry out the initial investigations which are required:- a) to carry out internal disciplinary processes effectively and

efficiently; and

b) before cases are referred to the law enforcement agencies.

INTER-MINISTERIAL COMMITTEE

The President announced the establishment of the Inter-Ministerial Committee on Anti-Corruption in 2009.

The IMC is aimed at strengthening the fight against corruption at the Ministerial level. The following ministers form part of the IMC: Home Affairs; Justice and Constitutional Development; Public Service and Administration; State Security; Police; Cooperative Governance and Traditional Affairs; Presidency (Coordinating Minister); Finance; and Social Development.

At a technical level, the IMC is assisted by an inter-departmental task team comprising of Directors-General.

7

INTER-MINISTERIAL COMMITTEE (cont…)

Mandate of IMC:To ensure coordinated anti-corruption efforts;To promote policy coherence and alignment on cross – cutting anti-

corruption programmes of government;To develop and enhance technical measures to curb corruption in both

public and private sector;Procurement practices be reviewed;Weaknesses in the criminal justice system be addressed so as to ensure

that efficient prosecution takes place and;To ensure political coordination of anti-corruption efforts on the

international stage.

 8

9

COORDINATION OF ANTI-CORRUPTION INITIATIVES

COORDINATING COMMITTEE To support the work of the Inter-Ministerial Committee, a Coordinating Committee is being

proposed as follows: To coordinate the activities of Government with regard to anti-corruption initiatives. To develop and present consolidated Reports on the various initiatives for the IMC’s

consideration. To implement and report on the decisions of the IMC.

The Committee to consist of: DG : DPSA (Convenor) DG: DOJCD DG: National Treasury Head of the Hawks Head of SIU DG: COGTA

The DPSA will convene and provide Secretarial services to the Committee. Each respective DG and Heads of institutions to establish Working Groups to support,

coordinate and ensure appropriate implementation of all the activities and decisions.

SPECIAL ANTI-CORRUPTION UNIT

At the operational level, the DPSA is establishing a Unit which will operate through a multi-agency approach which will include coordination of anti-corruption initiatives within the public sector with the following functions: Ensuring that gaps in the existing anti-corruption regulatory

framework are covered Provision of implementation support to ensure that the existing anti-

corruption legislation is implemented effectively Supporting departments in implementing guidelines, advice and

support to departments to implement the protection of witnesses under the Protected Disclosures Act.

Provision of investigative and prosecutorial capacity from the perspective of the employer to ensure a swift and appropriate disciplinary response.

Referral of criminal proceedings to the relevant law enforcement agency. 10

11

SPECIAL ANTI-CORRUPTION UNIT (cont...)

Formal launch in November 2010 Phase 1: Pilot Phase

Entering into partnership with the Special Investigating Unit. Investigative, prosecutorial and training support to the SACU.

Investigation and adjudication of cases relating to corruption as highlighted by the MAWG including cases of performing remunerative work outside the public service without approval (RWOPS).

Entering into SLA with the affected departments (responsibility still lies with respect HoDs)

Prioritise investigation undertaken by other structures such as the MAWG, the SIU and the PSC.

Recovery of funds Undertake a feasibility study for the Phase 2 to establish the Unit as a

government component.

SPECIAL ANTI-CORRUPTION UNIT (cont…)

Phase 2 Formal launch in April 2011 Require legislative and regulatory amendments

to centralize the management of investigations and enforcement of processes relating to corruption in the public sector.

Establishment as a government component Results of the feasibility study will guide the

establishment

12

MULTI – AGENCY WORKING GROUP

Established by the Minister of Finance in 2009 to investigate potentially high risk irregularities in the government procurement system for all spheres of government.

Objectives: Adherence to all SCM procedures and policies; Any conflicts of interest are properly managed; Government received value for money; There was full tax compliance among role-players.

13

MULTI – AGENCY WORKING GROUP (cont…)

Develop an approach and methodology to combat fraud and corruption in the SCM processes;

Facilitate the evaluation and implementation of SCM process; Identify a range of sanctions to be imposed, where non –

compliance to SCM processes is established, which could include: Institution of disciplinary proceedings;Blacklisting of bidders/providers for future government tenders;Civil recovery of monies lost;Enforcement of compliance of tax and or/other legal obligations;

and/orReferral for criminal investigation.

14

MULTI – AGENCY WORKING GROUP (cont…)

To date the sub committee has: Developed a process flow indicated sources of

cases, processes for data on analysis, preliminary investigations, enforcement and referral of criminal cases.

There are a number of cases under investigations and the process and progress is reported to the MAWG, and the IMC.

15

IMPROVE CAPACITY TO FIGHT CORRUPTION Public Sector Integrity Framework is one of the other critical

measures aimed at promoting ethical conduct in the public sector. The Framework has been developed and is undergoing consultations.

The Framework is aimed at strengthening measures and standards for managing integrity and promotes ethical conduct in the public sector.

It provides for managing ethical conduct that can arise as a result of financial interests, gifts, hospitality and other benefits.

It also addresses issues relating to post-employment and undertaking remunerative work outside the public service.

Other proposals include deployment of ethics officers in the public sector and minimum conduct requirements

16

IMPROVE CAPACITY TO FIGHT CORRUPTION

The Public Sector Anti-corruption Capacity Building Programme Five-year training initiative developed and implemented by the

Department of Public Service and Administration (DPSA) and PALAMA.

The programme is aimed at: Increasing the understanding of the phenomenon of

corruption and its manifestations in the public sector. Building and strengthening competencies to prevent, detect,

investigate, prosecute and monitor corruption in the public sector.

Enhancing the ability of all employees in the public sector to make ethical judgements in the workplace17

IMPROVE CAPACITY TO FIGHT CORRUPTION (cont…)

The Programme focuses on three categories of employees: Anti-corruption practitioners. Law enforcement officials (investigators) General employees.

Training for General Employees conducted in six provinces 320 employees have been trained

Anti-corruption practitioners’ course material developed

18

IMPROVE CAPACITY TO FIGHT CORRUPTION (cont…)

Development of a course material to be accredited by SAQA to develop a Unit Standard against which training for investigators will be based.

Anti-Corruption Virtual Social Discussion Forum as a supplementary programme has been developed and ready to go live.

19

CONCLUSION

In relation to the coordinating structure, participation at ministerial and heads of institutions and departments, ensures coordinated approach to dealing with corruption. Managing the interface between the criminal and administrative

processes.

The Special Anti-Corruption Unit will play a critical role in taking forward the anti-corruption initiatives: a proactive approach rather than a reactive approach to dealing

with corruption. Provision of hands-on support to departments such as carrying out

the initial investigations which are required.

20

21

Thank you