Fraud Awareness and Preventative Framework

1. Fraud Awareness and Preventative Framework MEC Maureen Modiselle

2. The African approach to law • Legal dilemmas are approached and applied according to historical and legal precedents, but... • Matters of law are not the domain of a few legal experts • The legal solution may engage the whole community • Each person in the community can have a decisive role in the satisfactory resolution of the matter

3. The NWPG’s approach to fraud • Relevant Acts, regulations and procedures are in place to implement the law, but… • Prevention is better than cure • Every person in the community can play a decisive role to ensure that budgeted funds are spent where they are intended

4. It’s YOUR budget; become a player This campaign is founded on the principle that every citizen in the North West Province can do their part to stop the wastage, poor administration, fraud, theft and corruption that eat away at the budgeted funds

5. Goals of the campaign Create awareness Training in moral and ethical conduct Educating (controls, procedures and Acts)

6. Creating Awareness Characterisation of responses to fraud and corruption Humphrey, the critic who offers no solutions Kelebogile The “Player” Lizz, the spectator who doesn’t get involved On-the-take Jake, the manipulator

7. Training • Teaching what constitutes a “fraud” or impropriety • Encouraging professional ethics and integrity • Familiarising everyone with the type of fraud that can occur in their area of responsibility • Teaching fraud detection and response skills

8. Educating • Wide distribution of Regulatory framework in an easy-to-read format • Informing what platforms/bodies exist to manage the prevention, detection and prosecution of fraud and corruption

9. Components at risk • Extensive exercise in all departments of the North West Provincial Administration • In conjunction with Provincial Auditor General’s office • Identification of the components and activities considered to be most at risk in terms of fraud

10. Possible irregularities and wasteful practices identified Fraud identification procedure Try to resolve by line management As a last resort, the player would blow the whistle on the perpetrator Report to management or the Office of the Premier Feedback to all role players Office of Premier to investigate allegation Criminal investigation by SAPS Disciplinary Enquiry by Misconduct Unit at the Office of the Premier Civil Recovery by State Attorney Confidentiality and protection ensured at all times Protected Disclosures Act, 26 of 2002

11. Fraud Prevention Strategies National Public Sector Anti-Corruption Strategy Common denominator: Awareness Training Education North West Province Fraud Awareness Strategy Fraud Prevention Plans (prescribed by Treasury Regulations) North West Provincial Fraud Prevention Framework

12. Fraud Prevention platforms Platforms and bodies that manage prevention, detection and prosecutionof fraud National Anti-Corruption Forum Special Investigations The Office of the National Director of Public Prosecution (NDPP) National Prosecuting Authority (NPA) Asset Forfeiture Unit (AFU) Special Investigating Unit

13. Potential Liability • Vicarious liability • Statutory offences relating to dishonesty • Prevention and Combating of Corrupt Activities Act, 12 of 2004 • Financial Intelligence Centre Act, 2001 • Acts, regulations and policies of general application • NW Delegation of Power Act, 20 of 1994 • NW Commission Act, 18 of 1994 • Promotion of Access to Information and Provision of Communicated Information Act, 2 of 2000 • Regulation of Interception of Communications Act, 70 of 2002 • Promotion of Administrative Justice Act, 3 of 2000