anti-corruption update report on progress made by national audit task team august 2010
TRANSCRIPT
1. Terms of reference2. Areas under investigation3. Ongoing SIU investigations
1. Subsidy fraud in provinces2. Subsidy fraud in municipalities
4. National Audit Task Team investigations
1. Probes into housing syndicates2. Probes into dodgy contractors
Overview
April 2007: SIU appointed to investigate fraud and maladministration in respect of low-income housing schemes (President Mbeki issues Proclamation R7 of 2007)
November 2009: National Audit Task Team appointed by Minister, headed by SIU, with mandate broadened to include fraud, corruption, maladministration and shoddy construction across housing delivery process
July 2010: President Zuma renews initial 2007 SIU Proclamation on human settlements (now R35 of 2010), enabling National Audit Task Team to continue its work post April 2007
Background
National Audit Task Team identifying and uncovering blockages and impediments to delivery
These include: Shoddy construction Continuous contracting of same bad contractors. Inordinate delays People in housing queues for years People selling government houses Illegal occupation of government houses Nepotism Abuse of the waiting list system
Audit Task Team terms of reference
Two dimensions to Task Team’s work: Punitive process
▪ Arrest▪ Charge▪ Convict ▪ Jail▪ Recover government money
Corrective process▪ Improve systems▪ Develop new controls and measures.
Terms of reference
AG ordered investigation into 7 353 government officials suspected of subsidy fraud. Of these: 930 government officials arrested 761 government officials found guilty and convcted R21.7m recovered through acknowledgement of debt
SIU found an additional 25 689 government officials suspected of subsidy fraud. Of these: 634 government officials arrested 385 government officials found guilty and convicted R15.4m recovered through acknowledgement of debt
Subsidy fraud in provinces
AG ordered investigation into 6 974 municipal officials suspected of subsidy fraud. Of these: 346 municipal officials arrested 151 officials found guilty 76 cases still pending R7m recovered through acknowledgement of debt
Subsidy fraud in municipalities
Since its investigations began in 2007, SIU has: Recovered R44m from provincial and municipal
officials, which goes back into the human settlements grants for service delivery.
R11m has already been paid back into state coffers
Arrested 1 910 government officials who were unlawful beneficiaries of housing subsidies
Successfully prosecuted 1 297 of these Prepared disciplinary files against another 1 297
officials
Summary of subsidy fraud probe
National Audit Task Team investigations
1. Probe into housing syndicates
2. Probe into dodgy contractors
3. Complaints about NHBRC
Increasing concern at activities of housing syndicates
Several investigations now underway into syndicates selling and renting state-owned houses
These are primarily operating in Gauteng, North-West and KwaZulu Natal
Three arrests have already been made in KZN and suspects are currently in court. More arrests are expected in other provinces in the next 6 weeks
1. Probe into housing syndicates
10 246 housing projects have been assessed
SIU visited all nine provinces to get understanding of processes and provide high-level overview of all projects
Top ten ‘dodgy’ contracts in each province were identified
Further investigation narrowed these down to 20, with a total value of R2bn
Investigators hard at work investigating blockages in the contract value chain
2. Probe into dodgy contractors
A conveyancing attorney in KZN has been charged with 142 counts of fraud and theft
2 criminal cases have been registered with SAPS for fraud in respect of a contractor and engineer who defrauded the department of more than R10m
The process of restriction in respect of more than 40 contractors is in an advanced stage
Defaulting contractors will be placed on Restriction Database once process is complete
Progress to date
Identify blockage points in contract value chain to:
Ensure specific performance by contractors Set aside contracts and recover payments to date Address improper conduct emanating from such non-
delivery
Potential legal outcomes may include: Claiming damages from parties in default Facilitate criminal action including colluding parties Recommending disciplinary action against implicated
government officials Ensure removal of contractors from department’s database
Potential outcomes of Task Team
Complaints have been raised about the National Home Builders’ Registration Council
Complaints have come from the public, from Parliament and from political parties
These complaints have been forwarded to the SIU for investigation, and a report is expected
3. Complaints about NHBRC
The crackdown continues
We are putting increased resources into investigating all those who abuse the system – government officials, public representatives or contractors
DHS in process of closing systemic gaps identified by SIU to prevent future abuse of low-income housing subsidy scheme
Excellent progress has been made in cracking down on corrupt officials who have abused housing subsidies
The crackdown continues