4/8/2019

WHY IS CORRUPTION A PROBLEM? Corruption undermines growth and development by diverting resources away from programmer and so increases poverty and inequality. Corruption limits our ability to fight poverty, negatively affects our economic development, damages social values and undermines democracy and good governance. 4/8/2019

WHY IS CORRUPTION A PROBLEM ? Corruption affects the lives of everyone in South Africa. It is our common enemy. It undermines human rights like the right to equality and to freedom of trade and occupation. When people pay bribes to get things that they are not entitled to, there is less money available for people that really need it. Corruption increases the cost of public service. As a result there is less money for housing, health care, education and other resources. 4/8/2019

WHY IS CORRUPTION A PROBLEM? “A connection to the state or certain individuals in Government has become an essential element for wealth accumulation.” Because corruption is a crime, corrupt officials have to be prosecuted and perhaps kept in prison, which is expensive and puts an additional burden on the State. 4/8/2019

PURPOSE OF FIGHTING CORRUPTION The Constitution enshrines the rights of all people in the Republic and affirms the democratic values of human dignity, equality and freedom. The Constitution places a duty on the State to respect, protect, promote and fulfill all the rights as enshrined in the Bill of Rights. 4/8/2019

PURPOSE OF FIGHTING CORRUPTION Corruption and related corrupt activities undermines the said rights and endanger the stability and security of societies, undermines the institutions and values of democracy and ethical values and morality, jeopardize sustainable development, the value of law and credibility of governments, and provide a breeding ground for organized crime. 4/8/2019

Responsibility of the state The prevention and combating of corruption and related corrupt activities is a responsibility of the state and it requires mutual cooperation, with the support and involvement of all individuals and groups outside public sector, such as organs of civil society and non – governmental and community – based organizations. 4/8/2019

What is the government doing about corruption? Since 1994, the Government has done many things to prevent corruption and to make sure that those who are guilty of it are punished, including: THE CODE OF CONDUCT FOR PUBLIC SERVANTS (1997) Amongst other things, the code says: 4/8/2019

What is the government doing about corruption? Public Servants Must Always Must Never Act in the best interests of the public. Favour friends or relatives or abuse their authority. Be honest when dealing with public money. Use their official position to obtain gifts or benefits. Report all cases of fraud and corruption to appropriate authorities Accept any gifts or benefits when offered them as these may be construed as bribes. 4/8/2019

What is the government … The Promotion of Access to information Act (2000) This Act assists people to get information from government and business and can be used to check whether corruption has taken place. The Promotion of Administrative Justice Act (2000) This Act requires government to follow fair procedures when taking decisions that affect the public or an individual. 4/8/2019

What is the government … It gives people the right to request written reasons for decisions they disagree with, which allows them to see whether corruption influenced the decision. The Protected disclosures Act (2000) This Act (often called the “Whistleblowers Act”) was passed to encouraged employees in both public and private sector to disclose information about unlawful and irregular behaviour in the workplace. 4/8/2019

What is the government … The Public Service Anti-Corruption Strategy (2002) This strategy aims to: - Make sure all types of corruption are covered by the law. - make it easier for people to report corruption. prevent corrupt people and business from - getting work from government. 4/8/2019

What is the government … The Prevention and Combating of Corrupt Activities Act (PRECCA) (2004) This Act makes corruption a crime. It covers anyone working for the Government and people outside of government. It even covers gambling or sporting events (like match-fixing) 4/8/2019

What is the government……. Amongst other things, this Act (PRECCA)sets out the responsibilities of public officials in managing public funds and assets. Public officials must ensure efficient, effective, economical and transparent use of financial and other resources. Public officials must take appropriate steps to prevent within their area of responsibility, any unauthorized, irregular, fruitless and wasteful expenditure and any under collection of revenue due. 4/8/2019

What is the government … National Anti-Corruption Hotline As part of its efforts to make it easier for people to report corruption in the public service, the government has set up a free “hotline”. Because the identity of the caller is protected, people can call this number to report corruption anonymously, without fear. 4/8/2019

WHAT IS CORRUPTION? Corruption is any conduct or behaviour where a person in the position of power, accepts, agrees or offers any gratification for himself/herself or for another person where the purpose is to act dishonestly or illegally. 4/8/2019

ELEMENTS OF CORRUPTION Corruptor Gives or offers to give Which is not legally due. Corruptee receives or accepts to receive to do any act or omit To do any act required to do The player The Act 4/8/2019

EXAMPLES OF CORRUPT BEHAVIOUR Conflict of interest (e.g. doing your own private business associated with your work without disclosure) Undisclosed interest in supplier/vendor/-contractor. 4/8/2019

EXAMPLES …… Unexplained or unusual favouritism of a particular vendor Excluding qualified bidders Unreasonable bidding time allowed Failure to adequately advertise for request for proposal 4/8/2019

EXAMPLES … Bribes and Kickbacks Non-Competitive selection of a vendor or contractor Unjustified favoritism (high prices, excessive purchases, acceptance of low quality) Buyers accepting inappropriate gifts 4/8/2019

EXAMPLES … Abuse of power Public Servant using his/her position of authority to improperly benefit another public servant, person or entity e.g. managers not requesting leave form in exchange for personal favour from employee 4/8/2019

EXAMPLES … Abuse of privileged information. Using privileged or confidential information at one’s disposal to provide unfair advantage to other person or entity to obtain benefit for such person or self. E.g: a contract is to be awarded for the purchase of equipment, and the lowest tender amount is secretly given to a friend to ensure he/she gets the contract. Collusion between buyer and supplier. 4/8/2019

EXAMPLES … Nepotism Ensuring that family members or close friends are appointed or receive contracts from the state. Sexual Harassment Using one’s position of power to obtain sexual favours. 4/8/2019

DUTY TO REPORT Because corruption affects us all, it is our common enemy. We therefore all have a duty to report corruption whenever we come across it. In some cases it is more than just a duty. Sec 34 of the Prevention and Combating of Corrupt Activities Act of 2004 makes it an offence for a person in a position of authority in the public and private sector not to report corruption involving more then R100 000.00 4/8/2019

REPORTING CORRUPTION The Code of Conduct for the Public Service requires all employees of the public service to report corruption to an appropriate authority. 4/8/2019

REPORTING PROCEDURES Should the employee wish to report allegations, they can contact their Supervisor or their Manager. Should the employee wish to report allegations anonymously they can contact the NATIONAL ANTI-CORRUPTION HOTLINE on 0800 701 701. 4/8/2019

REPORTING PROCEDURES Protected Disclosure Act of 2000 Many people do not report corruption out of fear of what will happen to them – e.g. they may fear that they will be transferred, disciplined or even dismissed. To deal with this, government passed the PROTECTED DISCLOSURES ACT to protect ‘Whistleblowers’ in both the private and public sector from being victimized. 4/8/2019

REPORTING PROCEDURES To get the protection of the Act, anyone making a disclosure must: Have reasonable grounds to believe it to be true. Not be making the disclosure for their personal gain. 4/8/2019

CONSEQUENCES OF CORRUPTION People found guilty of corruption face heavy fines or long jail sentences. They may also be refused future work from government. They also face the risk of their assets being attached and forfeited to the State in terms of the Asset Forfeiture Act. 4/8/2019

THE END THANK YOU 4/8/2019