DCS ANTI-CORRUPTION STRATEGY

DCS ANTI-CORRUPTION STRATEGY PRESENTATION TO PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES BY DCS NOVEMBER 2002

DCS ANTI-CORRUPTION STRATEGY • DCS committed to creating culture of Good Governance and promoting corruption prevention. • DCS requires multi-dimensional anti-corruption strategy • Investigation of allegations of corruption; • Disciplinary action on investigations into corruption; • Corruption awareness training amongst all staff; • Management training on corruption prevention; • Building a sustainable investigative capacity within DCS. • Need for coordinated anti-corruption initiatives IJS wide

THREE-PRONGED ANTI-CORRUPTION STRATEGY 1. Prevention • Address management weaknesses • Identify and manage opportunities for corruption and risks • Code of Conduct 2. Investigation • Jali & SIU • Intelligence support, SAPS, DSO • Internal Investigative Capacity 3. Sanction • Disciplinary hearings • Internal & external sanction as appropriate • Review of Disciplinary Code

1. CORRUPTION PREVENTION • DCS’s anti-corruption strategy has strong corruption prevention dimension. • Management of DCS tasked to ensure through appropriate style of management, that space for criminal activity & corruption within DCS is closed down. • Investigation & prosecution of those involved in crime & corruption will continue vigorously, but long-term solution is proactive & tight management with integrity at its core. • Training of Management in this regard has begun & will be intensified.

AUDIT OF DCS ANTI-CORRUPTION CAPACITY • DCS has internal capacity which deals with Corruption related investigations • Currently investigations occur both at Head Office as well as Provincial Levels • Most Corruption related cases are referred to and dealt at Head Office • However, there is insufficient capacity to deal effectively with the reported cases – this is currently being reviewed

AUDIT OF DCS ANTI-CORRUPTION CAPACITY • Cabinet decision that DCS should be subjected to anti-corruption capacity audit under auspices of DPSA & UNOCDP. DCS is in process of crafting terms of reference for audit process, & will be aiming to ensure that our staff in Anti-Corruption Unit are involved in this audit process & thereby are consciously skilled during this process. There is at this stage no clear time frame for this, but it should be completed by March 2003.

AUDIT OF DCS ANTI-CORRUPTION CAPACITY • 2002/3 financial year should see fruition of work to establish an investigative capacity within DCS that can on a sustainable basis ensure that A & B Orders are complied with, that corruption, gross negligence, & crime are eradicated from fabric of DCS.

PROVINCIAL WORKSHOPS ON CORRUPTION • Minister embarked on anti-corruption drive whereby he went on road shows to all nine provinces including Head 0ffice. • Aim: To promote anti-corruption awareness. To identify causes of corruption collectively to aid in developing Strategies to curb/spread precipitation of such incidents.To assure staff that only a small minority are responsible for corruption, having full confidence in the majority of staff ability to carry out their responsibilities with diligence, honesty and commitment. • Commitment that corrupt officials will be dealt with drastically.

OUTCOME OF WORKSHOPSA. Management issues– Managers must manage prisons and prisoners issues without negative influence from pressure groups. Managers must be managers separate from being unionists. - Revisit appointment of managers against skills/ competencies.- Transfer and re-deploy staff.- Training and development

b. Improved communication channels- Restructure relationships between heads of prison, area managers, provincial commissioners and head office and address gapsC. Professionalising corrections/ correctional officialsd. Creating an organisational culture of work, caring, respect and excellent service deliverye. Training and retraining of staff f. Dealing with relationships between staff and offenders

g. Reviewing disciplinary procedures and systems.h. Human resource issues- nepotism, favouritism, recruitment and selection problems - revisit promotion policy-develop fair and transparent appraisal systemi. Policy issues - policy not implemented, monitored interpreted appropriately.

HOTLINE • Existence of DCS Hotline • Utilisation by both Members and Offenders • Follow up requires decision as to most appropriate form of investigation • Internal managerial investigation • Internal anti-corruption investigation • External investigation

JALI COMMISSION - APPOINTED 8 AUGUST 2001 Terms of Reference promulgated 27 September 2001 To Inquire into, to report on, and make recommendations re: 1 (a) Alleged incidents of corruption relating to: (i) Procurement of Goods and Services (ii) Recruitment, appointment,promotion and dismissals; (iii) Treatment of prisoners (iv) Dishonest practices and illicit relationships – prisoners/employees

(b) Incidents of non-adherence to policy;(c) Incidents of violence and intimidation;(d) Extent of implementation of previous recommendations of investigations.

JALI COMMISSION: Focus on: • Pietermaritzburg; • Durban; • Ncome; • Johannesburg; • Pollsmoor; • Pretoria; • St Albans; • Leeuwkop and • Grootvlei (added later).

- Commission commenced in KZN – January 2002; - Submitted 2 interim reports – May 2002; - Recommended disciplinary proceedings against 7employees - Commission proceeded to Grootvlei – June/July 2002; - Recommended disciplinary steps against 22 employees;

SPECIAL INVESTIGATION UNIT Minister approached Minister of Justice for an investigation to be done by SIU into corruption & mal-administration in DCS Terms of Reference of SIU:Serious mal-administration in connection with affairs of Department; • Improper or unlawful conduct by officials of Department • Unlawful appropriation or expenditure of public money or property • Unlawful, irregular or unapproved acquisitive act, transaction, measure or practice having a bearing upon State property; • Intentional or negligent loss of public money or damage to public property; • Corruption in connection with affairs of Department; or • Unlawful or improper conduct of any person which has caused or may cause serious harm to interests of public or any category reof, • Which has taken place between January 1996 & 8 August 2002, & to exercise or perform al functions & powers assigned to or confirmed upon Special Investigating Unit by Act

SIU Schedule of Proclamation • Procurement of goods & services for DCS & procedures related reto; • Claims by, or on behalf of employees of DCS from certain medical aid schemes, any conduct & procedures related reto & any benefits arising re from; • Recruitment, appointment, promotion & dismissal of employees of Department & procedures related reto; • Use &/or misuse of property & resources of DCS;

SIU Schedule of Proclamation • Practices in terms of which employees of DCS received any benefits from or employees or members of public in connection with execution of ir duties or failure to execute ir duties, as case may be, or in connection with granting of altering of any parole, probation, correctional supervision or community service conditions, or conditions of incarceration relative to any person in care, custody or under control of DCS;

SIU Schedule of Proclamation • Conduct of any employee of DCS or member of public with a view to influencing, hampering or impeding any investigation or destruction of evidence relating to any investigation involving DCS or any of its employees; • Intimidation of employees of DCS or of members of public by employees of DCS with a view to concealment of corrupt or or unlawful practices within DCS; • Alienation of assets of DCS; & • Receiving of any benefit or advantage by an employee or employees of DCS from another employee or employees of DCS or members of public.

DCS CO-OPERATION WITH SIU • Investigation is being done through secondment of experienced forensic investigators from SIU & joint DCS/SIU recruitment of staff to fill or posts • Interviewing of staff for ten of these posts was undertaken in August jointly by SIU & DCS • Capacity of DCS Anti-Corruption Unit to be built during SIU investigation with possibility of taking over some of investigators by DCS • Funding of employment done through financial agreement between DCS and SIU

REFERRAL TO SIU • Variety of issues have been referred to SIU by DCS Management • Issues are being sent to SIU directly by members and liaison then taking place between SIU and Management • Issues are being referred to SIU by Jali Commission staff • Results of investigations will be made public as appropriate • Agreement to get quarterly reports

MEMORANDUM OF AGREEMENT • Commitment between DCS, Jali and SIU to develop a memorandum of agreement on cooperation and modus operandi • This is still in process

SANCTION Jali Commission Interim report on Westville • Recommended disciplinary proceedings against 7 employees • Hearings commenced – 16 Oct 2002 – currently in progress. • Charges relate to alleged drug dealing, extortion & corruption. • Disciplinary hearings Kwazulu/Natal Chairperson : Adv T Mqobi ( Dept of Trade and Industries)Initiator : Mr AD Olivier ( DCS )

SANCTION • Jali Commission Interim Report on Grootvlei • Recommended disciplinary steps against 22 employees; • Commenced 31 Oct 2002 currently in progress; • Nature – corruption, drug trafficing, use of alcohol, etc. • Disciplinary Hearing: Freestate ( Grootvlei )Chairperson : Mr Baza ( Chief Director in Office of Premier : Eastern Cape )Initiator : Mr FN Joseph ( DCS )

TRAINING OF CORE PEOPLE • 24 members (Managers ) of Kwazulu/Natal have already been trained as Initiators and Chairpersons • Another 24 are currently on a training course in Kwazulu/Natal • In co-operation with SAMDI, 30 managers per province will be trained as Initiator and Chairperson

REVIEW OF DISCIPLINARY CODE • Repeated concern in Anti-Corruption Road Show workshops on leniency of Disciplinary Code. • Commissioner has tasked CDC Corporate Services to revisit the Disciplinary Code • Exploring possibility of getting personnel from other departments to complete outstanding hearings

THANK YOU!

PRESENTATION ON INSIGNIA Presentation by DCS to Portfolio Committee on Correctional Services November 2002

Rationale for uniform & insignia • Demilitarisation of DCS and shift from uniform and insignia conflated • Need within Security department for clear lines of authority • need for insignia to clearly indicate function and authority • Need for corporate identity to weld DCS into single entity • Uniform as component of organisational identity • Uniform to identify members as those statutorily responsible for purpose of correctional system as opposed to awaiting trial detainees, members of public, CBO, NGO, and FBO

Process for approval of uniform & insignia • Presentation to Minister – completed • Presentation to Portfolio Committee - today • Presentation by Minister to Cabinet Committee – on return from trip • Cabinet Committee to refer to Cabinet for final approval

CFO to present samples of uniform and insignia Thank you!

DCS ANTI-CORRUPTION STRATEGY