ANTI-CORRUPTION PROGRAMMES IN THE PUBLIC SERVICE

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• ANTI-CORRUPTION PROGRAMMES IN THE PUBLIC SERVICE
• 03 NOVEMBER 2010
• PORTFOLIO COMMITTEE

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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

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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.

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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.

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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.

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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-
• to carry out internal disciplinary processes
  effectively and efficiently and
• before cases are referred to the law enforcement
  agencies.

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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.

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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.
•  

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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 IMCs
  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.

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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.

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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.

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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

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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.

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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/or
• Referral for criminal investigation.

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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.

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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

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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
  workplace

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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

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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.

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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.

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Thank you