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Govt outlines gains in fight against State corruption following SIU probes

10th September 2014

By: Natalie Greve

Creamer Media Contributing Editor Online

  

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Minister in the Presidency Jeff Radebe said on Monday that government had made “great” progress in countering corruption within State institutions, noting that President Jacob Zuma had, since 2009, signed 36 proclamations authorising the Special Investigating Unit (SIU) to probe departments and entities in the three spheres of government as well as State-owned enterprises.

Commenting in his capacity as chairperson of the Inter-Ministerial Committee (IMC) on Information and Publicity, he told a media briefing that this was a clear demonstration of government’s efforts to root out corruption.

“This further gives effect to government’s commitment to deal with corruption as a priority. Government reiterates that it will not tolerate any form of corruption and will not hesitate to act where it appears,” he noted.

Since 2009, nine reports had been completed and submitted to the Presidency, while 27 investigations were still ongoing. 

According to Radebe, the reports indicated that progress was being made in the fight against corruption within the public service, while the actions taken should serve as a deterrent to other officials.

INVESTIGATIVE GAINS
Elaborating on the nine completed reports, he said the first involved an investigation by the SIU into allegations that the Department of Education in the Eastern Cape had suffered losses as a result of the mismanagement of its expenditure or through theft, fraud or other unlawful conduct and irregular practices of the staff of the department and third parties.

“In this regard, the SIU recovered a total of R5.03-million, which was due to the department and saved the department R29.13-million in losses.

“In addition, a total of 87 cases against officials were referred to the department for disciplinary action, while 14 criminal cases were referred to the National Prosecuting Authority (NPA), and 33 acknowledgement of debt agreements were obtained by the SIU, to the value of R2.9-million,” Radebe said.

The unit also investigated allegations around the underspending or misspending of the Department of Arts and Culture’s budgets for projects related to the 2010 FIFA World Cup in the 2007, 2008 and 2009 financial years.

Seven criminal cases involving these projects and the loss of some R2.3-million had been registered with the police, while acknowledgements of debt had been obtained to the value of R351 000.

An investigation into undisclosed or unauthorised conflicts of interest by employees of the South African Broadcasting Corporation (SABC) and service providers of the SABC had, meanwhile, resulted in the referral of 28 criminal cases to the police, nine of which were for fraud and 19 for the contravention of the Companies Act.

In addition, 464 disciplinary cases had been referred to the SABC for recommended action.

Further, the Eastern Cape province directed the SIU to investigate the procurement of goods and services, including leased accommodation, by or on behalf of the Ikhala Further Education and Training College, as well as other expenditure incurred by the college in an improper manner.

“As a result of the investigation, the CEO and the director of internal audit at the college were found guilty and dismissed. In addition, the internal audit director was charged with fraud and theft and the principal was charged with fraud and corruption,” Radebe outlined.

The SIU also conducted an investigation into losses suffered by the George local municipality as a result of unlawful conduct or irregular practices by the municipality’s personnel or persons doing business with the municipality.

This related to payments made to the George Housing Agency for the disposal of municipal land, as well as the undue benefit attained by corrupt officials as a result of the alienation of municipal property.

The Minister noted that this had resulted in a criminal case against the municipal manager being referred to the NPA, as well as a recommendation to the municipality to institute civil action against the municipal manager and the legal adviser for the loss of R5.1-million.

A separate investigation into the procurement of goods, works or services by or on behalf of the National Heritage Council and related expenditure incurred by the council in an improper manner had, meanwhile, resulted in the referral of two criminal cases of tender fraud to the police.

“In addition, recommendations were made for disciplinary charges to be instituted against eight staff members for noncompliance with statutes and regulations in both procurement and expenditure management,” Radebe said.

The SIU probed the procurement of goods, works or services by or on behalf of the municipality and related expenditure incurred by the municipality in an improper manner.

The SIU also referred four criminal cases to the NPA and recommended disciplinary action against officials in the Stellenbosch local municipality who were found to have incurred expenses in an improper manner.

The municipality was also advised to institute a civil matter in this regard.

Also in the Western Cape, the SIU investigated the procurement of goods, works or services by or on behalf of the Oudtshoorn local municipality and related expenditure incurred by the municipality in an improper manner, resulting in the referral of six criminal cases to the NPA and three subsequent arrests.

An investigation was, meanwhile, initiated into maladministration in relation to the supply chain management systems of the Swellendam local municipality; management of the municipality’s finances and assets; applications by developers for the development of the Swellengate and Swellenmark shopping centre developments and the municipality’s approval of such applications.

“The SIU referred evidence to the NPA with regard to a municipal official and her spouse for fraud and corruption, with recommendations for disciplinary action against the official,” Radebe noted.

ANTICORRUPTION TASK TEAM
He added that the Anticorruption Task Team, overseen by the Anticorruption IMC, had made “great strides” in its effort to fight corruption.

Through the task team, government had set the target to successfully convict 100 people by 2014 for corruption where the amount involved was more than R5-million.

In detecting allegations of serious corruption, government recorded 548 incidents or allegations by the end of March against a target of 300 incidents by March last year.

“The task team also had a target to initiate 150 criminal investigations into serious corruption-related charges involving more than R5-million by individuals. To this end, a total of 828 persons are currently under criminal, financial or forensic investigation by the end of March,” Radebe commented.

The court-directed criminal investigations were initiated against 322 accused in the 103 priority cases under investigation.

The task team further had a target to initiate criminal pretrial proceedings against 150 persons and, in this regard, 322 persons were accused by the end of March.

Trial proceedings had been initiated against 206 persons against a target of 120 persons by March.

“Fifty-two people had been successfully convicted against the target of 100 people by March,” he said.

The task team had also managed to obtain freezing orders against 68 persons against the target of 100 persons by end of March, while freezing orders to the value of R1.38-billion had been obtained against the target of R1-billion.

The task team had also committed to reducing corruption within government's Justice, Crime Prevention and Secrity (JCPS) cluster to enhance its effectiveness and its ability to serve as a deterrent against crime.

In this regard, 91 supply-chain management personnel had been vetted every quarter against a target of 468.

In addition, 43 personnel within the JCPS had been convicted each quarter against a target of 170, while 5 080 disciplinary actions had been instituted against personnel in the JCPS cluster, with 3 751 successful cases.

“There is no organ of State or department that can fight this scourge alone, therefore, combining expertise is a model that we will continue to implement to achieve our goal of zero tolerance to corruption,” concluded Radebe.

Edited by Chanel de Bruyn
Creamer Media Senior Deputy Editor Online

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