SOUTH AFRICAS NATIONAL RESPONSE TO CORRUPTION 3102021 1

SOUTH AFRICA’S NATIONAL RESPONSE TO CORRUPTION 3/10/2021 1

COST OF CORRUPTION § Corruption undermines human rights like right to equality and to freedom of trade and occupation; § Corruption increases the cost of public service and as a result there is less money for housing, health care, education or other services § Business costs and cost to consumers increase. 3/10/2021 2

CONTINUE. § Corruption stops economic development as investors are discouraged by corrupt activities; § Corrupt activities provide a breeding ground for organised crime. § Undermines value of democracy § Endanger stability and security of societies § Undermines political development and credibility of government 3/10/2021 3

THE ACT Prevention and Combating of Corrupt Activities Act of 2004. § The act was written to bring our laws in line with the United Nations (UN) Convention Against Corruption and the African Union (UN) Convention on Preventing and Combating Corruption 3/10/2021 4

CONTINUE. The Act was written to: § Strengthen measures to prevent and combat corruption and corrupt activities § Require people in position of authority to report corruption over R 100 000. § Prevent people in South Africa from using corruption to influence members of the public sector of other countries. 3/10/2021 5

CONTINUE. § Create a register to prevent people who use corruption from getting government contracts and tenders. § Create a crime of corruption and related crimes. § Deal with corruption investigation 3/10/2021 6

What is government doing about corruption? Cabinet took a decision in 2003 which requires all Government departments and entities under their jurisdiction to have a certain minimum anticorruption capacity (MACC). As a result anti-corruption strategies were to be 3/10/2021 7

PUBLIC SERVICE ANTICORRUPTION STRATEGY Among other things this strategy aims to: § Make sure that all types of corruption are covered by the law. § Make it easier for people to report crime and corruption § Prevent corrupt people and business from getting work from government. 3/10/2021 8

CONTINUE. The Public Service Anti-Corruption Strategy is informed by a number of principles to root out corruption: § The need for holistic and integrated approach to fighting corruption; § Constitutional requirement for the criminal justice system and public administration 3/10/2021 9

CONTINUE. Public Service tailor-made strategies are required that operates independently but complementary to national strategies, particularly with regard to; § Detection § Investigation § Prosecution 3/10/2021 10

LOCAL GOVERNMENT STRATEGY Local Governments in line with the Public Service Anti-Corruption Strategy are required to develop Local Governments Anti-Corruption Strategies (LGACS), which are to be modeled around the Public Service Anti-Corruption Strategy. The main 3/10/2021 11

CONTINUE. § Creating a culture within municipalities, which is intolerant to unethical conduct, fraud and corruption; § Strengthening relationships with stakeholders that are necessary to support the actions required to fight corruption in municipalities, for example, unions and suppliers/contractors; 3/10/2021 12

CONTINUE. § Strengthening community participation in the fight against fraud and corruption within municipalities; § Deterrent and prevention of unethical conduct, fraud and corruption. § Investigation of all fraudulent and corrupt activities. 3/10/2021 13

OFFICE OF THE OMBUDSPERSON AND HEAD OF INVESTIGATIONS 3/10/2021 14

CONTINUE. Functions of the Ombudsperson: § To promote respect for human rights and to promote a culture of human rights within the e. Thekwini municipality. § To investigate any conduct that is alleged to be improper or to result in any impropriety or prejudice including maladministration, corruption, abuse of power, undue delay and unfair discrimination within the municipality. 3/10/2021 15

Powers of Ombudsperson § Has the power to investigate and recommend corrective action befitting the circumstances of each case. § Has free and unrestricted access to all municipality records and premises § Has the authority to search and seize documents from municipal premises. 3/10/2021 16

CONTINUE. Has the authority to recommend: § § § Disciplinary action Institution of civil proceedings Institution of a criminal action Improvement of internal controls; and Any other appropriate corrective action 3/10/2021 17

LEADERSHIP The e. Thekwini municipality has set up an ethics and Anti-Corruption Committee comprising top management for the following purposes: § Provide oversight and support to the custodians of ethics and anti-corruption programme 3/10/2021 18

CONTINUE. § Meet regularly to provide strategic plan and direction to the programme § Monitor the implementation of recomendations made by Ombuds office. § Communicate ethics and anti-corruption messages to the rest of the management. § Asses and review ethics and anticorruption programme. 3/10/2021 19

CONTI. The creation of an open and transparent culture in the organization has to be led from the top. If officials suspects that managers are themselves corrupt, the employee’s cognitive dissonance will be balanced that corruption in the department/organization will be a norm. 3/10/2021 20

“NAGANELA PELE, THINK AHEAD” THANK YOU 3/10/2021 21