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Directorate for Priority Crime Investigation (DPCI)

51 ST IAWP 2013 CONFERENCE. Directorate for Priority Crime Investigation (DPCI). INVESTIGATION OF SERIOUS CORRUPTION : A MULTI-DISCIPLINARY APPROACH. South African Police Service (SAPS). INTRODUCTION.

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Directorate for Priority Crime Investigation (DPCI)

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  1. 51STIAWP 2013 CONFERENCE Directorate for Priority Crime Investigation (DPCI) INVESTIGATION OF SERIOUS CORRUPTION : A MULTI-DISCIPLINARY APPROACH South African Police Service (SAPS)

  2. INTRODUCTION • Corruption undermines democracy and social justice, thereby deepening poverty, fuelling organised crime and stunting efforts to promote human security. • Corruption takes many forms and prospers in all manner of environments. • It knows no colour, creed, religion or level of seniority. • Corruption is not racist or sexist.

  3. CORRUPTION AS A GOVERNMENT PRIORITY • 22 July 2010 The President mandated the JCPS to create an anti-corruption task team which will • fast-track the investigation and prosecution of cases • of corruption as a result of Government’s outcomes.

  4. The 12 Outcomes of Government • Improved quality of basic education. • A long and healthy life for all South Africans. • All people in South Africa are and feel safe. • Decent employment through inclusive economic growth. • A skilled and capable workforce to support an inclusive growth path. • An efficient, competitive and responsive economic infrastructure network. • Vibrant, equitable and sustainable rural communities with food security for all. Cont./…………

  5. The 12 Outcomes of Government 8. Sustainable human settlements and improved quality of household life. • A responsive, accountable, effective and efficient local government system. 10. Environmental assets and natural resources that are well protected and continually enhanced. 11. Create a better South Africa and contribute to a better and safer Africa and World. 12. An efficient, effective and development oriented public service and an empowered, fair and inclusive citizenship.

  6. Output 3 – Reduced Corruption Incorporated in National Priorities of the SAPS and Directorate for Priority Crime Investigation (DPCI) • Reduced level of corruption, thus improving investor perception, trust and willingness to invest in South Africa • Reduced corruption within the JCPS Cluster to enhance its effectiveness and its ability to serve as deterrent against crime

  7. Operational Concept, Coordination & Focus Justice, Crime Prevention and Security Cluster (JCPS) Anti-Corruption Task Team Executive Committee ACTT Secretariat ACTT Operational Management JCPS Anti-Corruption Working Group (ACWG) • ACTT Executive Committee- Governance • ACTT Operation Team – Investigations – Output 3.1 • ACTT JCPS Anti-Corruption Working Group (ACWG) - Output 3.2 • ACTT Secretariat – Coordination

  8. Anti-Corruption Task Team (ACTT) Team Concept • ACTT Operational Commander (DPCI) • National Prosecuting Authority (NPA) • Asset Forfeiture Unit (AFU) Representative • Serious Commercial Crime Unit (SCCU) Representative • National Team Leaders (Current 3 Teams) • Decentralised Teams • Representatives (Other Agencies)

  9. MANDATE OF DPCI • National Priority Offences - Serious Corruption - Serious Organised Crime - Serious Commercial Crime • Specialist and Specialised Investigations • Enforcement - Chapter 2 and Section 34 of Act 12 of 2004 - Any other category of offences referred to the Head by the NATCOM subject to policy guidelines

  10. ACTT Process Flow

  11. Working Understanding of Corruption • “Broad Definition: Corruption is the abuse of entrusted power” • “Intermediate definitions: Corruption is the abuse of entrusted power for private gain” • Specific definitions: Corruption is the abuse of public/private power for private/personal/ unlawful/financial/ pecuniary profit/benefit/ gain.

  12. Types of Corruption

  13. Types of Corruption

  14. THE CORRUPTION AND FRAUD PREVENTION STRATEGY PLAN OF THE SAPS (DRAFT) • Prevention • Detection • Investigation • Resolution

  15. The JCPS Anti-Corruption Framework Leadership Imperative Mandate and Effective Service Delivery Risk Management Governance Framework People Centred Training & Awareness Controls e.g. Policies & Procedures Preventative Security Compatible/ Integrated Systems Analysis Risk Mitigation Disciplinary Action Internal and External Audit Prevention Anti-Corruption Framework Civil Recovery Intelligence Detection Resolution Criminal Prosecutions Monitoring Mechanisms Investigation Asset Forfeiture Whistle Blowing & Reporting Mechanisms Referring to other Agencies Independent Multi-Agency Approach Witness Protection Shows the process flow between components and functions Shows links to the functions within a component

  16. CORRUPTION RELATED REGULATORS International Regulators: • African Convention on Preventing and Combating Corruption • Southern African Development Community Protocol Against Corruption • OECD Anti-Bribery Convention • United Nations Convention Against Corruption (UNCAC)

  17. APPLICABLE LEGISLATION • Constitution of Republic of South Africa 1996 (Act 108 of 1996) • South African Police Service Act 68 of 1995 • Prevention of Organised Crime Act 121 of 1998 (POCA) • Prevention and Combating of Corrupt Activities Act 12 of 2004 (PRECCA) Cont./……….

  18. APPLICABLE LEGISLATION • Financial Intelligence Centre Act 38 of 2001 (FICA) • Public Finance Management Act 1 of 1999 (PFMA) • Municipal Finance Management Act 56 of 2003 (MFMA) • Protected Disclosures Act 26 of 2000

  19. SPECIFIC POLICIES • National Development Plan (NDP) • National Security Strategy (NSS) • National Anti-Corruption Framework (JCPS) • Government Programme of Action • Whistle-blower's Policies (Draft) • Gift Policy (Draft) • National Instruction 1 of 2009 (Draft)

  20. Operational Relationships • SOP with Banks • Financial Intelligence Centre (FIC) • SABRIC • Operational Need • Financial Intelligence • Court Directed Evidence – Sec 205 • STR’s • Key Issues • Confidentiality • Fast Tracking (Sec 205) • Duplication of Requests – Facilitation Role of FIC

  21. Factors influencing the achievement of Output 5 Targets • Complex Nature of Cases • Involves Serious Commercial Crime • Involves Organised Crime • Involves “Serious Corruption” • Time Constraint • Duration of investigation Processes • Duration of court processes • Pre-Trial Proceedings • Trial Proceedings • Resource Constraints • Availability Specialised Investigation and Prosecution Skills • Congested Court Roll • External Factors and Tactics • Delays in appearance • Manipulative use of Legal and Court Processes • Availability of Council for Defence

  22. CONCLUSION Almost all of Organised crime and Economic crimes have the elements of corruption. Serious Organised Crime and Serious Economic Crime definitely has corruption. When you eliminate the opportunity for corrupt officials to thrive, you erase the opportunity for organised, economic and other crime to flourish.

  23. The fight against crime and corruption is one of the key priorities for our government. Whilst all can be done by the South African Police Service, it is a collective responsibility of all South Africans to strive for a safer South Africa. We are encouraged that various provincial, national and international stakeholders have supported and continue to work with SAPS in a properly coordinated and integrated manner and engage at all levels in our planning and implementation.

  24. Thank You!

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