NATIONAL ANTI-CORRUPTION FORUM PRESENTATION TO:

1. NATIONAL ANTI-CORRUPTION FORUM PRESENTATION TO: PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION 30 AUGUST 2006

2. DOCUMENTS • Copy of Presentation • The Resolutions of the Second National Anti-Corruption Summit • The National Anti-corruption Programme • Report on the proceedings of the Second National Anti-Corruption Summit

3. BRIEF OVERVIEW OF NACF • Concept of national coordinating mechanism established at 1st National Anti-corruption Summit in 1999 • Led to the establishment of NACF in 2001, comprising of equal representation from business, civil society and public sectors • Aims of the NACF: • Contribute towards national consensus against corruption • Advise Government on national anti-corruption initiatives • Share sectoral practice and information • Provide mutual advice and support • The Public Service Commission serves as secretariat to the NACF

4. THE 2nd NATIONAL ANTI-CORRUPTION SUMMIT • Second Summit was held on 22 and 23 March 2005 at the CSIR, Pretoria under the auspices of the NACF • Theme: Fighting Corruption Together - Past Achievements, Future Challenges • President delivered keynote address • 390 delegates attended comprising- • Business – 43 • Public – 191 • Civil Society – 122 • Other (donors, SADC representatives, etc.) – 34

5. RESOLUTIONS • Resolutions Committee comprising of sectoral representatives drafted 27 resolutions • 27 resolutions categorised under (a) Ethics, Awareness and Prevention, (b) Combating, (c) Oversight, Transparency and Accountability and (d) the National Anti-corruption Forum • Agreed to translate resolutions into a programme of action within three months of the Summit

6. RESOLUTIONS • The nature of the resolutions adopted covered, amongst others, the following topics: • Encouraging whistleblowing in all sectors • Better coordination amongst anti-corruption agencies • Effective implementation of anti-corruption legislation • Encouraging post-public sector employment regulation • Research into ethics practices in each sector • To extend financial disclosures to local government • To raise awareness through ethics training in all sectors • Institutional arrangements to streamline the NACF • Civil society to prepare report on Apartheid corruption

7. THE NATIONAL ANTI-CORRUPTION PROGRAMME • NACF appointed Implementation Committee (IC) representative of all three sectors to establish projects and project management arrangements • NACF met on 24 June 2005 to consider proposals of IC and adopted the National Anti-corruption Programme (NAP)

8. THE NATIONAL ANTI-CORRUPTION PROGRAMME(CONT) • Strategic objectives: • Promote NACF as a vehicle to further establish a national anti-corruption consensus and to provide leadership • Advocate the rights, obligations, sanctions and protection offered by anti-corruption legislation and to ensure full implementation in all sectors • Promote ethical practices in all sectors and activities, also through awareness and training programmes • Provide sufficient platforms for national, provincial and local engagement on issues of fighting corruption in all sectors • Implementation of sectoral anti-corruption programmes

9. THE NATIONAL ANTI-CORRUPTION PROGRAMME(CONT) • Promote NACF as vehicle to further establish a national anti-corruption consensus and to provide leadership • Develop a logo and identity • Raise awareness on the role and functioning of the NACF • Develop a NACF website • Promote NACF as vehicle for consensus • Obtain inputs on sectoral involvement of professional associations • Engage Parliament on joint research initiative to evaluate the implementation by the Executive of resolutions made by Parliament and its committees pertaining to corruption, and • Develop a programme of workshops and roundtables to strengthen functioning of NACF including inter-sectoral cooperation

10. THE NATIONAL ANTI-CORRUPTION PROGRAMME(CONT) • Advocate the rights, obligations, sanctions and protection offered by anti-corruption legislation and to ensure full implementation in all sectors • Promote application of • Access to Information Act • Protected Disclosures Act • Prevention and Combating of Corrupt Activities Act • Produce user-friendly guide on the Prevention and Combating of Corrupt Activities Act

11. THE NATIONAL ANTI-CORRUPTION PROGRAMME(CONT) • Promote ethical practices in all sectors and activities, also through awareness and training programmes • Develop a generic ethics statement for leaders in all sectors to sign at an appropriate media launch • Conduct an ethics study and identify ethics training needs for all sectors • Conduct an ethics scan in order to link with initiatives in curriculum development with respect to ethics training in secondary and tertiary institutions

12. THE NATIONAL ANTI-CORRUPTION PROGRAMME (CONT) • Provide sufficient platforms for national, provincial and local engagement on issues of fighting corruption in all sectors • Host National Anti-corruption Summit on good practice on the prevention and combating of corruption • Host information sharing workshop on prohibition of corrupt businesses.

13. FUNDING THE NAP • Funding • The total amount made available for funding the NAP by National Treasury is R4.5 million. • Various international partners and donors have expressed interest to contribute towards full implementation of the NAP

14. INSTITUTIONAL ARRANGEMENTS • The NACF meets once a year, in an extended format, to receive and consider a report on implementation of the NAP, including on sectoral programmes • The NACF will include the report on the NAP in its report on its activities to Parliament • The Executive Committee of the NACF meets on a quarterly basis and will- • Monitor implementation • Provide direction • Decide on matters related to the NACF • Share information relevant to the NACF

15. INSTITUTIONAL ARRANGEMENTS • The Implementation Committee of the NACF comprises of the DG:DPSA, the CEO: BAC, the convener of the Civil Society Network against Corruption and the PSC as secretariat. Its role is to- • Develop the project proposals for joint projects • Implement projects, obtain funding for joint projects and provide sectoral assistance • Appoint task teams • Monitor work of task teams • Task teams for joint projects are representative of sectors and are supported by the Secretariat

16. PUBLIC SECTOR • Anti-corruption Coordinating Committee (ACCC) coordinates the public sector’s anti-corruption strategy • ACCC met regularly after Summit to develop a public sector response to the resolutions • Identified 29 projects to the value of R 4,42 million to be implemented over three financial years • Budget for public sector projects and joint projects on the DPSA’s Vote, but parts of the funds will be shifted to other departments for purposes of implementation • Implementation will be overseen by the ACCC and ACCC will account to the Governance and Administration clusters • Implementation of the NAP is one of four anti-corruption programmes on the POA of Government (G&A) • Public sector projects include existing projects of various departments that support the Resolutions, and some projects entail working with initiatives that are not directly anti-corruption related. Other projects can be implemented simultaneously

17. PUBLIC SECTOR (CONT) • Projects that support Resolutions related to Ethics, Awareness and Prevention • Promotion of Batho Pele values • Launch of Public Sector pledge (completed for Public Service) • Improving the quality of annual reporting • Analysis of accountability and transparency arrangements in sector • Development of whistleblowing policies • Campaign to encourage whistleblowing and raise awareness of protection mechanisms • Review of school curricula with a view to incorporating ethics training • Review of SAMDI training programmes to include ethics module • Development of guides on handling ethical challenges • Development of gift policy • Continued roll-out of Code of conduct • Alignment of codes of conduct within sector

18. PUBLIC SECTOR (CONT) • Projects that support Resolutions related to Combating of corruption • Improve coordination among different institutions responsible for fighting corruption • Evaluate functioning of ACCC (completed) and strengthen its role and functioning • Assess legislative framework in relation to requirements of regional and international anti-corruption instruments (completed) • Ensure implementation of relevant legislation • Raise awareness of application of legislation • Roll-out of minimum anti-corruption capacity requirements at institutional level • Roll-out of training on minimum anti-corruption capacity requirements • Develop a system to provide early warning for intervention • Fast-track report of the SALRC on the Protected Disclosures Act • Finalisation of policy on post-employment arrangements • Assess capacity and agreements facilitating the recovery and return of assets obtained corruptly (UN Convention against Corruption)

19. PUBLIC SECTOR (CONT) • Projects that support Resolutions related to Oversight, Transparency and Accountability • Review of Constitutional institutions supporting democracy • Improve the functioning of the financial disclosure system • Consider the implementation of the financial disclosure system throughout the sector • Projects that support Resolutions related to the NACF • Obtain funding for implementation of the NAP (partially completed) and develop a funding model for the NACF and the NAP • Strengthen Secretariat through additional financial and human resources • Strengthen the DPSA’s anti-corruption capacity through additional human resources (new post structure w.e.f April 2006)

20. BUSINESS SECTOR • Business Sector Anti-Corruption Program Presentation to Free State Legislature

21. Outline of the Presentation • Brief introduction about Business Against Crime South Africa • Introduction of the Business Against Crime South Africa Industry Alignment Forum • Business Sector Anti-Corruption Program • Achievements of the Business Against Crime South Africa Commercial Crime project

22. Business Against Crime

23. Business Against Crime “The business sector could make a valuable contribution in supporting Government in combating crime and the causes of crime by the transfer of knowledge and the development of skills and capacity through a public private partnership.” - President Nelson Mandela

24. Business Against Crime Industry Alignment Forum Background • Established by Business Against Crime in September 2004; • IAF is not an organisation but an initiative of Business Against Crime; • Supported by an agreement between BUSA and Business Against Crime; • Consists of Business Against Crime, CGCSA, SABRIC, SAFPS, SAIA, LOA, CoM, NAAMSA, JSE, SIA, SAPO, RMI, BUSA, CHAMSA; and • Attending are SAPIA, Customs Caucus, Ethics Institute.

25. Business Against Crime Industry Alignment Forum Objectives • Coordination of anti-crime initiatives in the business community; • Identification and elimination of national and international syndicates who operate across the industry; • Intelligence sharing of national and international trends; • Reduce levels of violent and commercial crime; • Develop relationships with other bodies that operate in the anti-crime domain; and • Develop overall net to capture as opposed to displacement.

26. Broad Industry Common Threats Serious and Violent Crime Property Crime Economic Crime Broad Crime Categories or Threats relevant to Industry Forum Members Theft out of motor vehicles Theft of motor vehicles Robbery – Retail outlets Burglary - Business Theft - Other Commercial Crime Fraud Shoplifting Robbery – Cash-in-transit Hijackings - Vehicles Robbery – Banks Hijackings - Trucks Bulk theft- truck hijacking, depots, warehouses, refineries Commercial Crime and Fraud- including round tripping and duty fraud Cash robberies- Bank, cash in transit and retail outlets Prioritized Common Threats relevant to Industry Forum Members Corruption – public and private sector

27. Industry Common Threats and Value Adding Themes Cash robberies- bank, CIT, retail outlets Bulk theft- truck hijacking, depots, warehouses, refineries Commercial Crime and fraud- including round tripping and duty fraud Corruption Broad Crime Categories and Threats Quantify and understand the problem Cross-Cutting Value Adding Themes Formulate appropriate strategies Improve Industry coordination / governance Review and enhance legislation Share information and intelligence Disrupt syndicates Develop and apply anti corruption measures Develop and apply best business practices Strengthen law enforcement / prosecutions Monitor and intervene where necessary

28. Business Sector Anti-Corruption Program • To enhance collaboration across business sector and government in identifying problems that hamper the prevention and detection of corruption; • To design programmes that will reduce the incidence of and the harm caused by corruption; and • To create public awareness on the nature of the problem and the costs that it has for South African society, which will promote greater public involvement in countering the problem.

29. Business Sector Anti-Corruption Program Deliverables • A baseline research report on private sector corruption and measures taken to prevent and combat corruption (breakdown into industry); • Monitoring and evaluation system developed; • Learning and knowledge networks established; • A media awareness campaign; and • Meaningful participation in the National Anti-Corruption Forum and contribution to the success of the joint National Anti-Corruption Programme.

30. Commercial Crime The Goal To establish Commercial Court Centres, staffed by specialists that convict those guilty of fraud and corruption efficiently.

31. Project Achievement 2004 / 2005 Commercial Crime • Courts • Pretoria SCCC • Johannesburg SCCC • Port Elizabeth SCCC • Durban SCCC • Future Courts: • Cape Town SCCC • Bloemfontein SCCC • Date Established • 2001 • 2003 • 2005 • 2005 • Date to be Established • April 2006 • June 2006

32. Specialised Commercial Court Centres (SCCC) Increase in Number of Convictions

33. Project Achievements Commercial Crime Estimated Reduced Case Processing Time (Average months) 50% Reduction

34. The Dilemma • “The only thing required for evil to triumph, is for good men to do nothing.” • Edmund Burke

35. CIVIL SOCIETY SECTOR • What is the potential contribution of CSO’s in fighting corruption? • Promoting Accountability • educating and socialising citizens • remaining critical and vigilant of the state apparatus • Blowing the Whistle • a critical monitoring “watchdog role” to promote public sector accountability and service delivery. • Promoting Service Delivery • Sharing resources in the fight against corruption

36. Civil society sector • Chairperson NRLF • Convenor CSNAC • CEO of MRM • CEO of Sangoco • CEO of TISA • Secretary Generals Cosatu, Nactu, Fedusa • National Editor’s Forum • Convenor of Ecosoc.

37. CSNAC • a loose network of civil society organisations which work on corruption issues • organisations committed to an open and democratic society based on human dignity,equality and freedom, who believe that combating corruption is important to achieve democracy and social justice.

38. Who are the members of CSNAC?

39. The Open Democracy Advice Centre (ODAC) • Open Democracy Advice Centre (ODAC)was established during 2001 • offers training and advisory services on PDA and PAIA • ODAC launched a helpline in 2002 to assist whistleblowers in the process of disclosure.

40. Transparency South Africa (T-SA) • the only national NGO with anti-corruption efforts at the core of its activities • With access to international good practice from other NGO’s, a board of directors and patrons who are influential in shaping the anti-corruption debate, and a good network particularly amongst CSO’s

41. The Public Information & Monitoring Services (PIMS) • Idasa programme based in Cape Town with a focus on advocacy, research and training • has contributed to the development of legislation combating corruption and promoting accountability • particularly active on the issue of political party funding

42. Center for the Study of Violence and Reconciliation (CSVR) • conducts research including a specific focus on corruption in the South African Police Service (SAPS). • was one of the only Civil Society organisations to publicly question a decision to close down the Police Anti-Corruption Unit in January 2003

43. CSVR (CONT) • Facilitated the SAPS National Strategic Plan on Corruption • Makes inputs on anti corruption strategies at area and national level for the SAPS

44. Institute for Security Studies (ISS) • ISS is the only applied policy research organisation with a dedicated corruption and governance programme that also has a regional focus • running 18 month project that monitors the impact of corruption on service delivery – focusing on health, housing, education, social development and local government • Policy work on private funding of political parties in SA – publications, and website whofundswho.org.za • Report on apartheid grand corruption • regularly proposes strategies for the public sector to combat corruption more effectively including comment on policy and proposed legislation

45. ISS (CONT) • Regional level – two country research project on impact of corruption on the prevention and treatment of HIV/AIDS in Zimbabwe and SA • Undertaking last year of three year project on enhancing the capacity of SADEC states to implement the SADEC protocol on corruption • Project focusing on the impacts of corruption by multi national corporations in Southern Africa natural resource sector

46. ISS (CONT) • Joint project with UNDP and TI to assist African parliaments and civil society in the implementation of the AU and UN Conventions against Corruption – handbook • Website South African Internet Portal - ipocafrica.org – library on anti corruption material • Um’qol’uphandle SA Corruption Briefing – monthly newsletter (subscribe by email – umqolsub@issafrica.org)

47. Black Sash • provides a paralegal service to those who need help in a variety of matters, including child support and other social grants, labour problems, debt counselling and citizenship applications • an independent, non-governmental organisation which contributes to different areas of national policy • Particularly concerned about corruption in social security

48. National Religious Leaders Forum (NRLF) • representatives of all major faith communities in South Africa • promotes many ethical values associated with combating corruption through the activities of its constituent members • Promotes a culture of ethical and moral behaviour • Programmes in its different organisations

49. South African National NGO Co-alition (SANGOCO) • largest membership based NGO body • over 2000 members • developed a specific code of ethics for NGO’s

50. South African History Archive • activist archive dedicated to documenting and supporting the struggles for justice in South Africa • freedom of information programme dedicated to use access to information to extend the boundaries of freedom of information, and • build and archive of materials relating to past and contemporary struggles • Projects around nuclear energy, military, TRC, gays in the apartheid military • Assisting individuals and researchers to access records in relation to themselves or their work • Participation in policy and law reform