ANTI-CORRUPTION PROGRAMMES IN THE PUBLIC SERVICE 03 NOVEMBER 2010 PORTFOLIO COMMITTEE

1. ANTI-CORRUPTION PROGRAMMES IN THE PUBLIC SERVICE 03 NOVEMBER 2010 PORTFOLIO COMMITTEE

2. OUTLINE OF THE PRESENTATION • Problem statement • Background • Response to the identified challenges • Improve capacity to fight corruption • A. Institutional mechanisms • IMC & Coordinating Committee • Special Anti-Corruption Unit • Multi-Agency Working Group • Local Government; and Justice • B. Public Sector Integrity Management Framework (Policy) • C. Anti-Corruption Capacity Building Programme (Capacity) • Conclusion

3. PROBLEM STATEMENT • There is great frustration about the delayed response of departments in fighting corruption especially in managing conflicts of interest and tender irregularities. • In cases, whereby wrongdoing is identified, sometimes it takes several months for disciplinary processes to be initiated. • Officials are often suspended on full-pay for months and sometimes for years. • Significant inconsistencies in the type of sanctions applied for similar offences. • Allegations of corruption reported to the anti-corruption hotline are also referred back to departments for follow-up, but because departments do not have sufficient investigative capacity, initial investigations are never completed.

4. BACKGROUND • Between September 2004 and March 2008 a total of 4202 alleged cases were reported and referred to departments • 1923 cases were referred to national departments for investigations • 2181 cases were referred to provincial departments for investigations. • Feedback was received in respect of 1292 cases (31%). • 335 cases were finalized.

5. BACKGROUND (cont…) • Auditor-General Report • 3134 cases of public servants doing business with government were identified. • 25 of those were SMS members • Majority were between level 1-12 especially salary levels 6-10. • Health and Education • Did not have permission to perform remunerative work outside the public service and had not declared their interests. • Disciplinary processes were undertaken in 13% of the cases with varying degrees of applications.

6. RESPONSES TO THE IDENTIFIED CHALLENGES • In order to address the aforementioned problems, anti-corruption programmes to step up prevention, detection, investigation and adjudication capacity of departments have been initiated. • The focus is on developing the capacity of departments and other government institutions to carry out the initial investigations which are required:- • to carry out internal disciplinary processes effectively and efficiently; and • before cases are referred to the law enforcement agencies.

7. INTER-MINISTERIAL COMMITTEE • The President announced the establishment of the Inter-Ministerial Committee on Anti-Corruption in 2009. • The IMC is aimed at strengthening the fight against corruption at the Ministerial level. The following ministers form part of the IMC: Home Affairs; Justice and Constitutional Development; Public Service and Administration; State Security; Police; Cooperative Governance and Traditional Affairs; Presidency (Coordinating Minister); Finance; and Social Development. • At a technical level, the IMC is assisted by an inter-departmental task team comprising of Directors-General.

8. INTER-MINISTERIAL COMMITTEE (cont…) Mandate of IMC: • To ensure coordinated anti-corruption efforts; • To promote policy coherence and alignment on cross – cutting anti-corruption programmes of government; • To develop and enhance technical measures to curb corruption in both public and private sector; • Procurement practices be reviewed; • Weaknesses in the criminal justice system be addressed so as to ensure that efficient prosecution takes place and; • To ensure political coordination of anti-corruption efforts on the international stage.

9. COORDINATION OF ANTI-CORRUPTION INITIATIVES COORDINATING COMMITTEE • To support the work of the Inter-Ministerial Committee, a Coordinating Committee is being proposed as follows: • To coordinate the activities of Government with regard to anti-corruption initiatives. • To develop and present consolidated Reports on the various initiatives for the IMC’s consideration. • To implement and report on the decisions of the IMC. • The Committee to consist of: • DG : DPSA (Convenor) • DG: DOJCD • DG: National Treasury • Head of the Hawks • Head of SIU • DG: COGTA • The DPSA will convene and provide Secretarial services to the Committee. • Each respective DG and Heads of institutions to establish Working Groups to support, coordinate and ensure appropriate implementation of all the activities and decisions.

10. SPECIAL ANTI-CORRUPTION UNIT • At the operational level, the DPSA is establishing a Unit which will operate through a multi-agency approach which will include coordination of anti-corruption initiatives within the public sector with the following functions: • Ensuring that gaps in the existing anti-corruption regulatory framework are covered • Provision of implementation support to ensure that the existing anti-corruption legislation is implemented effectively • Supporting departments in implementing guidelines, advice and support to departments to implement the protection of witnesses under the Protected Disclosures Act. • Provision of investigative and prosecutorial capacity from the perspective of the employer to ensure a swift and appropriate disciplinary response. • Referral of criminal proceedings to the relevant law enforcement agency.

11. SPECIAL ANTI-CORRUPTION UNIT (cont...) • Formal launch in November 2010 • Phase 1: Pilot Phase • Entering into partnership with the Special Investigating Unit. • Investigative, prosecutorial and training support to the SACU. • Investigation and adjudication of cases relating to corruption as highlighted by the MAWG including cases of performing remunerative work outside the public service without approval (RWOPS). • Entering into SLA with the affected departments (responsibility still lies with respect HoDs) • Prioritise investigation undertaken by other structures such as the MAWG, the SIU and the PSC. • Recovery of funds • Undertake a feasibility study for the Phase 2 to establish the Unit as a government component.

12. SPECIAL ANTI-CORRUPTION UNIT (cont…) • Phase 2 • Formal launch in April 2011 • Require legislative and regulatory amendments to centralize the management of investigations and enforcement of processes relating to corruption in the public sector. • Establishment as a government component • Results of the feasibility study will guide the establishment

13. MULTI – AGENCY WORKING GROUP • Established by the Minister of Finance in 2009 to investigate potentially high risk irregularities in the government procurement system for all spheres of government. Objectives: • Adherence to all SCM procedures and policies; • Any conflicts of interest are properly managed; • Government received value for money; • There was full tax compliance among role-players.

14. MULTI – AGENCY WORKING GROUP (cont…) • Develop an approach and methodology to combat fraud and corruption in the SCM processes; • Facilitate the evaluation and implementation of SCM process; • Identify a range of sanctions to be imposed, where non – compliance to SCM processes is established, which could include: • Institution of disciplinary proceedings; • Blacklisting of bidders/providers for future government tenders; • Civil recovery of monies lost; • Enforcement of compliance of tax and or/other legal obligations; and/or • Referral for criminal investigation.

15. MULTI – AGENCY WORKING GROUP (cont…) • To date the sub committee has: • Developed a process flow indicated sources of cases, processes for data on analysis, preliminary investigations, enforcement and referral of criminal cases. • There are a number of cases under investigations and the process and progress is reported to the MAWG, and the IMC.

16. IMPROVE CAPACITY TO FIGHT CORRUPTION • Public Sector Integrity Framework is one of the other critical measures aimed at promoting ethical conduct in the public sector. • The Framework has been developed and is undergoing consultations. • The Framework is aimed at strengthening measures and standards for managing integrity and promotes ethical conduct in the public sector. • It provides for managing ethical conduct that can arise as a result of financial interests, gifts, hospitality and other benefits. • It also addresses issues relating to post-employment and undertaking remunerative work outside the public service. • Other proposals include deployment of ethics officers in the public sector and minimum conduct requirements

17. IMPROVE CAPACITY TO FIGHT CORRUPTION • The Public Sector Anti-corruption Capacity Building Programme • Five-year training initiative developed and implemented by the Department of Public Service and Administration (DPSA) and PALAMA. • The programme is aimed at: • Increasing the understanding of the phenomenon of corruption and its manifestations in the public sector. • Building and strengthening competencies to prevent, detect, investigate, prosecute and monitor corruption in the public sector. • Enhancing the ability of all employees in the public sector to make ethical judgements in the workplace

18. IMPROVE CAPACITY TO FIGHT CORRUPTION (cont…) • The Programme focuses on three categories of employees: • Anti-corruption practitioners. • Law enforcement officials (investigators) • General employees. • Training for General Employees conducted in six provinces • 320 employees have been trained • Anti-corruption practitioners’ course material developed

19. IMPROVE CAPACITY TO FIGHT CORRUPTION (cont…) • Development of a course material to be accredited by SAQA to develop a Unit Standard against which training for investigators will be based. • Anti-Corruption Virtual Social Discussion Forum as a supplementary programme has been developed and ready to go live.

20. CONCLUSION • In relation to the coordinating structure, participation at ministerial and heads of institutions and departments, ensures coordinated approach to dealing with corruption. • Managing the interface between the criminal and administrative processes. • The Special Anti-Corruption Unit will play a critical role in taking forward the anti-corruption initiatives: • a proactive approach rather than a reactive approach to dealing with corruption. • Provision of hands-on support to departments such as carrying out the initial investigations which are required.

21. Thank you