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

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

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. 3

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. 4

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  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. 5

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:- a)to carry out internal disciplinary processes effectively and efficiently; and b)before cases are referred to the law enforcement agencies.

INTER-MINISTERIAL COMMITTEE  The President announced the establishment of the Inter- Ministerial Committee on Anti-Corruption in  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. 7

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. 8

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.

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. 10

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.

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 12

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. 13

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. 14

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. 15

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 16

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 17

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 18

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. 19

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. 20

21 Thank you