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LEGAL STATUS

LEGAL STATUS. The SIU is a Schedule 3 Public Entity Reports to Parliament and the President. VISION & MISSION. To be a world-class anti-corruption agency

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LEGAL STATUS

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  1. LEGAL STATUS • The SIU is a Schedule 3 Public Entity • Reports to Parliament and the President

  2. VISION & MISSION To be a world-class anti-corruption agency An anti-corruption agency that performs high quality investigations of corruption and takes legal action to prevent and recover losses of state assets in the public interest

  3. Advantages of SIU • Unique role in that only institution that uses the civil law to recover money • Can do whole process – from investigation to final litigation • Added advantage that need not prove case beyond a reasonable doubt, but only on a balance of probabilities • Also, unlike criminal fraud where state has to prove subjective intent • In civil law a negligent or even innocent misrepresentation is sufficient

  4. Effective and economic investigations • The SIU provides forensic investigation services at no additional cost to government • Can match almost all private sector services at about a third of the cost • Can also provide a proper completed investigation since it has investigative powers, members can take proper affidavits • After private investigations the report usually need to be backed by proper evidence leading to delays

  5. (Continued) • Also assist with the investigation and prosecution of the criminal matter alleviating the resource constraints in the criminal justice system • The Special Tribunal ensures that litigation proceedings are swift as opposed to the lengthy delays that may occur in other courts.

  6. Building Partnerships • It is vital to work with government to fight corruption effectively • Focus on building good working relationships with those state institutions that need ongoing investigations • Sensible to spend some of the funds going to the private sector on working with the SIU and building its capacity • i.e. build capacity in the state that will be permanently available to fight corruption

  7. OVERVIEW 2002/2003 • In last year’s annual report reference was made to a 10 point strategy to put the SIU “back in business” as one of the premier corruption fighting institutions in our country. Significant progress has been made in implementing this strategy.

  8. 1. Creating certainty about the future of the SIU • It is no longer affecting staff morale in the SIU • Although there is not long term certainty

  9. 2. New cases for SIU • There is now a steady flow of work to the SIU, esp through DCS • 8 new investigations received during the year • Still undue delays in receiving proclamations

  10. 3. Increasing Capacity • Investigative capacity has been substantially increased : • Permanent staff 40% increase - 74 to 103 • Total staff 58% increase - 85 to 133 • Filled old vacancies • But mainly because of additional funding received from other state institutions

  11. Important way of building capacity has been to build to develop an effective training program • Increase skills of own staff • But also take responsibility for training own recruits rather than “poaching”

  12. 4. Improving representivity • Employment equity plan is in place plus employment equity forum   • A major focus in recruitment is to improve representivity, especially at a management level • Challenge in financial investigations, but achieved good progress • 67% of all permanent staff are from designated groups - 43% are black • If contract workers are included, 48% of unit members are black

  13. 5. Ensuring competitive salaries • Salary grading performed by external consultants to align SIU salaries with equivalent structures in the public sector  • Likely to be implemented during 2003/2004 • Confident that this will allow us retain our present staff by offering them a proper career path • And allow us to continue to recruit skilled new staff

  14. 6. Promoting greater efficiency • A true project management approach adopted • Successful in introducing clearer time frames and greater accountability • Comparison done with best practice in the market with the aim of optimising productivity

  15. 7. Legal changes to improve effectiveness • Effectiveness of SIU severely affected by a number of judgements • In addition, the present referral and litigation processes are ineffective • Adv Wim Trengove SC briefed for advice on possible amendments, as well as on related constitutional issues • Legislative amendments to be tabled in Parliament

  16. 8. Establishing a national presence • Previously SIU based in East London with teams focussed on each province and a satellite office in Umtata • Decided that it would be more effective to establish a national presence • Pretoria office now fully established • Durban office experienced significant growth • Satellite offices in Mpumalanga and Cape Town to be established during 2003/2004

  17. 9. Improved cooperation with law enforcement • A special effort has been made to improve cooperation with other law enforcement agencies to ensure effective criminal action where evidence is available indicating a criminal offence • With resource constraints in the criminal justice system, not sufficient simply to refer matters to the police or NPA since there may not always be the capacity to deal with them adequately

  18. Made investigators available to assist the police in compiling dockets that are court-ready – eg Nontenja • Cooperated closely with other law enforcement agencies, eg in JACT, DCS investigation, housing investigation • Handed several matters to AFU where their powers more effective – Magistrates case, Nontenja, Maropeng • NDPP is prepared to give delegations to experienced lawyers in the SIU to do the prosecution in cases investigated by the SIU

  19. 10. Building partnerships with government • An effective partnership has been established with DCS – 25 dedicated SIU members • Limpopo Dept Transport • KZN Department of Housing

  20. Notable cases • Nontenja – Umtata attorney who defrauded state of R19m - Accused sentenced to 20 years imprisonment and asset forfeiture order granted • Witness Protection Program (KZN) - all staff removed - investigation of widespread corruption by officials of the WPP in conjunction with NPS, DSO and SAPS – secret funds were abused, own houses let

  21. Notable Cases (cont.) • KZN Tare Weight investigation of fraudulently reduced licence weights of vehicles resulting in losses of millions – a lot of progress made and more than R1 million recovered • Limpopo investigation of all drivers licences issued since 1994 in cooperation with provincial Dept of Transport • Found nearly 10 000 licences issued irregularly and 1 400 already physically cancelled • Working with DoT

  22. DCS investigation • Full-time project team of 25 members • R17m from 6 doctors, incl R7.6 m from Dr Bham • Problems with prison and private pharmacies, petrol cards • Assaults, drugs, • Booking prisoners out • Selling of jobs • Promotions and appointments – nepotism • Agriculture • False qualifications • Irregular parole, remission

  23. Housing investigation • Housing Massive investigations of all state subsidies granted in Gauteng, KZN and N Cape – valuable lessons learnt • Included are several conveyances entrusted with housing money, incl TR Mfeka, Mlaba Mkaya Inc, T Mvelase, HVB Makhanya • Discussing a permanent national project with Minister of Housing

  24. Univ Natal Law Clinic to assist small victims • 42 866 sites inspected • 27 projects completed

  25. Agri-Eco investigation • Final report about to be issued • Major asset verification done for the State – R75 million of assets secured

  26. JACT investigation in Eastern Cape • Joint Anti Corruption Task Team in Eastern Cape – with SAPS, NPA • Instrumental in setting up infrastructure • Seconded members to assist in criminal investigations • Have applied for mandate to investigate in terms of Act 74/1996

  27. Umanyano investigation • Recovery of assets of the former Transkei Road Transportation Corporation liquidated in 1996 • A number of fixed assets already identified and being recovered

  28. ACHIEVEMENTS

  29. ACHIEVEMENTS

  30. ACHIEVEMENTS

  31. ACHIEVEMENTS

  32. ACHIEVEMENTS Notable cases: Department of Correctional Services Limpopo Department of Transport KZN Housing conveyancers Not always possible to quantify impact of SIU

  33. BUDGET - INCOME

  34. BUDGET – EXPENDITURE

  35. Excellent administration and financial controls • PFMA compliant • Good use of information technology • Serious about training – eg Computer Based Training

  36. Thank you

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