NATIONAL ANTI-CORRUPTION FORUM PRESENTATION TO:

1
NATIONAL ANTI-CORRUPTION FORUM PRESENTATION TO

• PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND
  ADMINISTRATION
• 30 AUGUST 2006

2
DOCUMENTS

• Copy of Presentation
• The Resolutions of the Second National
  Anti-Corruption Summit
• The National Anti-corruption Programme
• Report on the proceedings of the Second National
  Anti-Corruption Summit

3
BRIEF OVERVIEW OF NACF

• Concept of national coordinating mechanism
  established at 1st National Anti-corruption
  Summit in 1999
• Led to the establishment of NACF in 2001,
  comprising of equal representation from business,
  civil society and public sectors
• Aims of the NACF
• Contribute towards national consensus against
  corruption
• Advise Government on national anti-corruption
  initiatives
• Share sectoral practice and information
• Provide mutual advice and support
• The Public Service Commission serves as
  secretariat to the NACF

4
THE 2nd NATIONAL ANTI-CORRUPTION SUMMIT

• Second Summit was held on 22 and 23 March 2005 at
  the CSIR, Pretoria under the auspices of the NACF
• Theme Fighting Corruption Together - Past
  Achievements, Future Challenges
• President delivered keynote address
• 390 delegates attended comprising-
• Business 43
• Public 191
• Civil Society 122
• Other (donors, SADC representatives, etc.) 34

5
RESOLUTIONS

• Resolutions Committee comprising of sectoral
  representatives drafted 27 resolutions
• 27 resolutions categorised under (a) Ethics,
  Awareness and Prevention, (b) Combating, (c)
  Oversight, Transparency and Accountability and
  (d) the National Anti-corruption Forum
• Agreed to translate resolutions into a programme
  of action within three months of the Summit

6
RESOLUTIONS

• The nature of the resolutions adopted covered,
  amongst others, the following topics
• Encouraging whistleblowing in all sectors
• Better coordination amongst anti-corruption
  agencies
• Effective implementation of anti-corruption
  legislation
• Encouraging post-public sector employment
  regulation
• Research into ethics practices in each sector
• To extend financial disclosures to local
  government
• To raise awareness through ethics training in all
  sectors
• Institutional arrangements to streamline the NACF
• Civil society to prepare report on Apartheid
  corruption

7
THE NATIONAL ANTI-CORRUPTION PROGRAMME

• NACF appointed Implementation Committee (IC)
  representative of all three sectors to establish
  projects and project management arrangements
• NACF met on 24 June 2005 to consider proposals of
  IC and adopted the National Anti-corruption
  Programme (NAP)

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THE NATIONAL ANTI-CORRUPTION PROGRAMME(CONT)

• Strategic objectives
• Promote NACF as a vehicle to further establish a
  national anti-corruption consensus and to provide
  leadership
• Advocate the rights, obligations, sanctions and
  protection offered by anti-corruption legislation
  and to ensure full implementation in all sectors
• Promote ethical practices in all sectors and
  activities, also through awareness and training
  programmes
• Provide sufficient platforms for national,
  provincial and local engagement on issues of
  fighting corruption in all sectors
• Implementation of sectoral anti-corruption
  programmes

9
THE NATIONAL ANTI-CORRUPTION PROGRAMME(CONT)

• Promote NACF as vehicle to further establish a
  national anti-corruption consensus and to provide
  leadership
• Develop a logo and identity
• Raise awareness on the role and functioning of
  the NACF
• Develop a NACF website
• Promote NACF as vehicle for consensus
• Obtain inputs on sectoral involvement of
  professional associations
• Engage Parliament on joint research initiative to
  evaluate the implementation by the Executive of
  resolutions made by Parliament and its committees
  pertaining to corruption, and
• Develop a programme of workshops and roundtables
  to strengthen functioning of NACF including
  inter-sectoral cooperation

10
THE NATIONAL ANTI-CORRUPTION PROGRAMME(CONT)

• Advocate the rights, obligations, sanctions and
  protection offered by anti-corruption legislation
  and to ensure full implementation in all sectors
• Promote application of
• Access to Information Act
• Protected Disclosures Act
• Prevention and Combating of Corrupt Activities
  Act
• Produce user-friendly guide on the Prevention and
  Combating of Corrupt Activities Act

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THE NATIONAL ANTI-CORRUPTION PROGRAMME(CONT)

• Promote ethical practices in all sectors and
  activities, also through awareness and training
  programmes
• Develop a generic ethics statement for leaders in
  all sectors to sign at an appropriate media
  launch
• Conduct an ethics study and identify ethics
  training needs for all sectors
• Conduct an ethics scan in order to link with
  initiatives in curriculum development with
  respect to ethics training in secondary and
  tertiary institutions

12
THE NATIONAL ANTI-CORRUPTION PROGRAMME (CONT)

• Provide sufficient platforms for national,
  provincial and local engagement on issues of
  fighting corruption in all sectors
• Host National Anti-corruption Summit on good
  practice on the prevention and combating of
  corruption
• Host information sharing workshop on prohibition
  of corrupt businesses.

13
FUNDING THE NAP

• Funding
• The total amount made available for funding the
  NAP by National Treasury is R4.5 million.
• Various international partners and donors have
  expressed interest to contribute towards full
  implementation of the NAP

14
INSTITUTIONAL ARRANGEMENTS

• The NACF meets once a year, in an extended
  format, to receive and consider a report on
  implementation of the NAP, including on sectoral
  programmes
• The NACF will include the report on the NAP in
  its report on its activities to Parliament
• The Executive Committee of the NACF meets on a
  quarterly basis and will-
• Monitor implementation
• Provide direction
• Decide on matters related to the NACF
• Share information relevant to the NACF

15
INSTITUTIONAL ARRANGEMENTS

• The Implementation Committee of the NACF
  comprises of the DGDPSA, the CEO BAC, the
  convener of the Civil Society Network against
  Corruption and the PSC as secretariat. Its role
  is to-
• Develop the project proposals for joint projects
• Implement projects, obtain funding for joint
  projects and provide sectoral assistance
• Appoint task teams
• Monitor work of task teams
• Task teams for joint projects are representative
  of sectors and are supported by the Secretariat

16
PUBLIC SECTOR

• Anti-corruption Coordinating Committee (ACCC)
  coordinates the public sectors anti-corruption
  strategy
• ACCC met regularly after Summit to develop a
  public sector response to the resolutions
• Identified 29 projects to the value of R 4,42
  million to be implemented over three financial
  years
• Budget for public sector projects and joint
  projects on the DPSAs Vote, but parts of the
  funds will be shifted to other departments for
  purposes of implementation
• Implementation will be overseen by the ACCC and
  ACCC will account to the Governance and
  Administration clusters
• Implementation of the NAP is one of four
  anti-corruption programmes on the POA of
  Government (GA)
• Public sector projects include existing projects
  of various departments that support the
  Resolutions, and some projects entail working
  with initiatives that are not directly
  anti-corruption related. Other projects can be
  implemented simultaneously

17
PUBLIC SECTOR (CONT)

• Projects that support Resolutions related to
  Ethics, Awareness and Prevention
• Promotion of Batho Pele values
• Launch of Public Sector pledge (completed for
  Public Service)
• Improving the quality of annual reporting
• Analysis of accountability and transparency
  arrangements in sector
• Development of whistleblowing policies
• Campaign to encourage whistleblowing and raise
  awareness of protection mechanisms
• Review of school curricula with a view to
  incorporating ethics training
• Review of SAMDI training programmes to include
  ethics module
• Development of guides on handling ethical
  challenges
• Development of gift policy
• Continued roll-out of Code of conduct
• Alignment of codes of conduct within sector

18
PUBLIC SECTOR (CONT)

• Projects that support Resolutions related to
  Combating of corruption
• Improve coordination among different institutions
  responsible for fighting corruption
• Evaluate functioning of ACCC (completed) and
  strengthen its role and functioning
• Assess legislative framework in relation to
  requirements of regional and international
  anti-corruption instruments (completed)
• Ensure implementation of relevant legislation
• Raise awareness of application of legislation
• Roll-out of minimum anti-corruption capacity
  requirements at institutional level
• Roll-out of training on minimum anti-corruption
  capacity requirements
• Develop a system to provide early warning for
  intervention
• Fast-track report of the SALRC on the Protected
  Disclosures Act
• Finalisation of policy on post-employment
  arrangements
• Assess capacity and agreements facilitating the
  recovery and return of assets obtained corruptly
  (UN Convention against Corruption)

19
PUBLIC SECTOR (CONT)

• Projects that support Resolutions related to
  Oversight, Transparency and Accountability
• Review of Constitutional institutions supporting
  democracy
• Improve the functioning of the financial
  disclosure system
• Consider the implementation of the financial
  disclosure system throughout the sector
• Projects that support Resolutions related to the
  NACF
• Obtain funding for implementation of the NAP
  (partially completed) and develop a funding model
  for the NACF and the NAP
• Strengthen Secretariat through additional
  financial and human resources
• Strengthen the DPSAs anti-corruption capacity
  through additional human resources (new post
  structure w.e.f April 2006)

20
BUSINESS SECTOR

• Business Sector Anti-Corruption Program
  Presentation to Free State Legislature

21
Outline of the Presentation

• Brief introduction about Business Against Crime
  South Africa
• Introduction of the Business Against Crime South
  Africa Industry Alignment Forum
• Business Sector Anti-Corruption Program
• Achievements of the Business Against Crime South
  Africa Commercial Crime project

22
Business Against Crime
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Business Against Crime

• The business sector could make a
• valuable contribution in supporting Government in
  combating crime and the causes of crime
• by the transfer of knowledge and the development
  of skills and capacity through a public private
  partnership.
• - President
  Nelson Mandela

24
Business Against Crime Industry Alignment Forum
Background

• Established by Business Against Crime in
  September 2004
• IAF is not an organisation but an initiative of
  Business Against Crime
• Supported by an agreement between BUSA and
  Business Against Crime
• Consists of Business Against Crime, CGCSA,
  SABRIC, SAFPS, SAIA, LOA, CoM, NAAMSA, JSE, SIA,
  SAPO, RMI, BUSA, CHAMSA and
• Attending are SAPIA, Customs Caucus, Ethics
  Institute.

25
Business Against Crime Industry Alignment Forum
Objectives

• Coordination of anti-crime initiatives in the
  business community
• Identification and elimination of national and
  international syndicates who operate across the
  industry
• Intelligence sharing of national and
  international trends
• Reduce levels of violent and commercial crime
• Develop relationships with other bodies that
  operate in the anti-crime domain and
• Develop overall net to capture as opposed to
  displacement.

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Broad Industry Common Threats
Economic Crime
Property Crime
Serious and Violent Crime
Broad Crime Categories or Threats relevant to
Industry Forum Members
Hijackings - Vehicles
Robbery Cash-in-transit
Burglary - Business
Robbery Banks
Robbery Retail outlets
Theft out of motor vehicles
Theft of motor vehicles
Theft - Other
Shoplifting
Commercial Crime
Fraud
Hijackings - Trucks
Bulk theft- truck hijacking, depots, warehouses,
refineries
Commercial Crime and Fraud- including round
tripping and duty fraud
Cash robberies- Bank, cash in transit and
retail outlets
Prioritized Common Threats relevant to Industry
Forum Members
Corruption public and private sector
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Industry Common Threats and Value Adding Themes
Bulk theft- truck hijacking, depots, warehouses,
refineries
Cash robberies- bank, CIT, retail outlets
Commercial Crime and fraud- including round
tripping and duty fraud
Corruption
Broad Crime Categories and Threats
Quantify and understand the problem
Cross-Cutting Value Adding Themes
Formulate appropriate strategies
Improve Industry coordination / governance
Review and enhance legislation
Share information and intelligence
Disrupt syndicates
Develop and apply anti corruption measures
Develop and apply best business practices
Strengthen law enforcement / prosecutions
Monitor and intervene where necessary
28
Business Sector Anti-Corruption Program

• To enhance collaboration across business sector
  and government in identifying problems that
  hamper the prevention and detection of
  corruption
• To design programmes that will reduce the
  incidence of and the harm caused by corruption
  and
• To create public awareness on the nature of the
  problem and the costs that it has for South
  African society, which will promote greater
  public involvement in countering the problem.

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Business Sector Anti-Corruption Program
Deliverables

• A baseline research report on private sector
  corruption and measures taken to prevent and
  combat corruption (breakdown into industry)
• Monitoring and evaluation system developed
• Learning and knowledge networks established
• A media awareness campaign and
• Meaningful participation in the National
  Anti-Corruption Forum and contribution to the
  success of the joint National Anti-Corruption
  Programme.

30
Commercial Crime

• The Goal
• To establish Commercial Court Centres,
• staffed by specialists that convict those
• guilty of fraud and corruption efficiently.

31
Commercial Crime
Project Achievement 2004 / 2005

• Courts
• Pretoria SCCC
• Johannesburg SCCC
• Port Elizabeth SCCC
• Durban SCCC
• Future Courts
• Cape Town SCCC
• Bloemfontein SCCC

• Date Established
• 2001
• 2003
• 2005
• 2005
• Date to be Established
• April 2006
• June 2006

32
Specialised Commercial Court Centres (SCCC)
Increase in Number of Convictions
33
Commercial Crime
Project Achievements
Estimated Reduced Case Processing Time (Average
months)
50 Reduction
34
The Dilemma

• The only thing required for evil to triumph, is
  for good men to do nothing.
• Edmund Burke

35
CIVIL SOCIETY SECTOR

• What is the potential contribution of CSOs in
  fighting corruption?
• Promoting Accountability
• educating and socialising citizens
• remaining critical and vigilant of the state
  apparatus
• Blowing the Whistle
• a critical monitoring watchdog role to promote
  public sector accountability and service
  delivery.
• Promoting Service Delivery
• Sharing resources in the fight against corruption

36
Civil society sector

• Chairperson NRLF
• Convenor CSNAC
• CEO of MRM
• CEO of Sangoco
• CEO of TISA
• Secretary Generals Cosatu, Nactu, Fedusa
• National Editors Forum
• Convenor of Ecosoc.

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CSNAC

• a loose network of civil society organisations
  which work on corruption issues
• organisations committed to an open and democratic
  society based on human dignity,equality and
  freedom, who believe that combating corruption is
  important to achieve democracy and social justice.

38

• Who are the members of CSNAC?

39
The Open Democracy Advice Centre (ODAC)

• Open Democracy Advice Centre (ODAC) was
  established during 2001
• offers training and advisory services on PDA and
  PAIA
• ODAC launched a helpline in 2002 to assist
  whistleblowers in the process of disclosure.

40
Transparency South Africa (T-SA)

• the only national NGO with anti-corruption
  efforts at the core of its activities
• With access to international good practice from
  other NGOs, a board of directors and patrons who
  are influential in shaping the anti-corruption
  debate, and a good network particularly amongst
  CSOs

41
The Public Information Monitoring Services
(PIMS)

• Idasa programme based in Cape Town with a focus
  on advocacy, research and training
• has contributed to the development of legislation
  combating corruption and promoting accountability
  
• particularly active on the issue of political
  party funding

42
Center for the Study of Violence and
Reconciliation (CSVR)

• conducts research including a specific focus on
  corruption in the South African Police Service
  (SAPS).
• was one of the only Civil Society organisations
  to publicly question a decision to close down the
  Police Anti-Corruption Unit in January 2003

43
CSVR (CONT)

• Facilitated the SAPS National Strategic Plan on
  Corruption
• Makes inputs on anti corruption strategies at
  area and national level for the SAPS

44
Institute for Security Studies (ISS)

• ISS is the only applied policy research
  organisation with a dedicated corruption and
  governance programme that also has a regional
  focus
• running 18 month project that monitors the impact
  of corruption on service delivery focusing on
  health, housing, education, social development
  and local government
• Policy work on private funding of political
  parties in SA publications, and website
  whofundswho.org.za
• Report on apartheid grand corruption
• regularly proposes strategies for the public
  sector to combat corruption more effectively
  including comment on policy and proposed
  legislation

45
ISS (CONT)

• Regional level two country research project on
  impact of corruption on the prevention and
  treatment of HIV/AIDS in Zimbabwe and SA
• Undertaking last year of three year project on
  enhancing the capacity of SADEC states to
  implement the SADEC protocol on corruption
• Project focusing on the impacts of corruption by
  multi national corporations in Southern Africa
  natural resource sector

46
ISS (CONT)

• Joint project with UNDP and TI to assist African
  parliaments and civil society in the
  implementation of the AU and UN Conventions
  against Corruption handbook
• Website South African Internet Portal -
  ipocafrica.org library on anti corruption
  material
• Umqoluphandle SA Corruption Briefing monthly
  newsletter (subscribe by email
  umqolsub_at_issafrica.org)

47
Black Sash

• provides a paralegal service to those who need
  help in a variety of matters, including child
  support and other social grants, labour problems,
  debt counselling and citizenship applications
• an independent, non-governmental organisation
  which contributes to different areas of national
  policy
• Particularly concerned about corruption in social
  security

48
National Religious Leaders Forum (NRLF)

• representatives of all major faith communities in
  South Africa
• promotes many ethical values associated with
  combating corruption through the activities of
  its constituent members
• Promotes a culture of ethical and moral behaviour
• Programmes in its different organisations

49
South African National NGO Co-alition ( SANGOCO)

• largest membership based NGO body
• over 2000 members
• developed a specific code of ethics for NGOs

50
South African History Archive

• activist archive dedicated to documenting and
  supporting the struggles for justice in South
  Africa
• freedom of information programme dedicated to use
  access to information to extend the boundaries of
  freedom of information, and
• build and archive of materials relating to past
  and contemporary struggles
• Projects around nuclear energy, military, TRC,
  gays in the apartheid military
• Assisting individuals and researchers to access
  records in relation to themselves or their work
• Participation in policy and law reform

51
Challenges for the sector

• the bleeding of leadership skills from the civil
  society sector to business and government
• the diversion of donor resources from civil
  society organisations to bilateral government to
  government agreements as well as a general
  reduction in the proportion of aid monies flowing
  to South Africa since the demise of apartheid
• civil society organisations have their own very
  specific areas of concern and, while corruption
  is often an issue, it does not feature as a major
  problem in the work they are doing.

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Conclusion

• CSNAC will be working to
• galvanise civil society
• work on anti corruption matters and good
  governance more generally
• to work effectively within the National Anti
  Corruption Forum  
• and assist in collaborations with national
  federations of unions, civics and ngos and
  capacity building of member organizations

53
GENERAL CONCLUSION

• The cooperation of business, civil society and
  the public service in the NACF demonstrates a
  commitment to a broad based approach to share the
  responsibility for combating corruption.
• The successful implementation of the focused
  projects of the NAP should help deepen the
  countrys efforts of promoting awareness and
  combating corruption.
• The Portfolio Committee is thanked for its
  willingness to engage with the NACF on its
  programme