Message of support on the occasion of the celebration of the United Nations Convention Against Corruption

By Mr Ben Mthembu

Chairperson of the Public Service Commision

Programme Director, the Public Service Commission (PSC) wishes to greet all the delegates here present and in particular:

• Dr NM Phosa, Council Chairperson, University of South Africa;
• Prof MS Makhanya, Vice – Chancellor, University of South Africa;
• Mr Mandiaye, UNODC Regional Representative, Southern Africa;
• Dr Agostinho Zacaries, UN Resident Coordinator;
• Ms Ayanda Dlodlo, Deputy Minister: Public Service and Administration; and
• Mr Zwelinzima Vavi, NACF Chairperson.

The United Nations Convention Against Corruption (UNCAC) was signed and ratified by countries to rid the World of corruption, which is a terrible form of oppression as it literally denies citizens what rightfully belongs to them such as the following:

• Food
• Water
• Education
• Health,
• Housing, and
• Development

The Public Service Commission (PSC) wants to take this opportunity to congratulate the United Nations (UN) on the original signing of the Convention in Mexico in 2003 and the continued work on making it a reality around the World through the Conference of State Parties – countries which are part of UNCAC and who regularly report on its implementation. Currently, there are 140 countries which have signed the Convention.

South Africa ratified UNCAC in 2004. Preceding UNCAC and subsequent to its ratification, the country has seen various anti-corruption initiatives and integrity-building mechanisms.

The Public Service Commission (PSC) itself has been one of the key organisations committed to promoting a culture of professional ethics and integrity in South Africa.

To this extent, the PSC has been responsible and developed various integrity building instruments. These include:

• The Public Service Code of Conduct (COC); and
• The Financial Disclosure Framework for Senior Managers (FDF).

Both these instruments have had various degrees of success in fighting corruption in the country. The PSC is of the view that much more can be done using these mechanisms to ensure a far greater impact against corruption.

The PSC’s research on the implementation of the Code of Conduct on professional ethics in the Public Service has shown that most departments use it as a basis for disciplinary procedures, if the need so arises. The research also shows that most official possess a copy thereof. However, there is a need to ensure that the Code of Conduct is mainstreamed in the Public Service on a regular basis.

The involvement of officials in private business entities is generally a worrying factor. Some of these officials seem to conduct business with their employing departments. The PSC is of the view that this is a challenge as it is a breeding ground for corruption. The PSC on annual basis, write letters to the respective Executive Authorities concerned to inform them of both potential and actual conflicts of interest which may exist and encourage Executive Authorities to deal with such issues accordingly.

Going forward, the PSC is in the process, in collaboration with the Department of Public Service and Administration (DPSA) of developing an electronic disclosure system, which will interface with various data-bases such as the deeds registry, e-Natis system and the Companies and Intellectual Properties Commission. This will not only make the process easier to apply, especially in terms of scrutiny, but will also prevent under-disclosure of assets, a phenomenon the PSC has uncovered.

In addition, on 14 August 2003 Cabinet approved the establishment of a single National Anti- Corruption Hotline (NACH) for the Public Service, and the Public Service Commission (PSC) was mandated to manage the NACH. The NACH became operational with effect from 1 September 2004.

Since the establishment of the NACH in September 2004, there were 137 512 calls reported to the NACH. Out of the 137 512 calls, the PSC generated 14 300 reports for possible investigation. Out of the 14 300 cases, the PSC referred 11138 to national and provincial departments, and public entities for investigation as at 30 November 2012. It needs to be mentioned that cases of alleged corruption reported to the NACH are increasing on a yearly basis. The NACH has received various forms of cases of alleged corruption, ranging from fraud and bribery to appointment and procurement irregularities.

Departments are required to provide feedback on progress made with respect to investigations within 40 days of the receipt of the case. Feedback was received from national and provincial departments, and from public entities with regard to 6040 (54%) cases. Therefore, the provision of feedback to the PSC is a matter of concern and departments need to beef up this aspect regarding the cases referred to them. Out of the 6040 cases on which feedback was received, only 4326 (39%) cases were finalized and closed on the Case Management System (CMS) as at 30 November 2012.
In spite of these limitations, a total of 2 200 officials were found guilty of misconduct related to corrupt activities since 01 September 2004 to 31 March 2012. At the provincial level, a total of 1 400 officials were found guilty of misconduct related to corrupt activities whilst 800 officials were found guilty of misconduct for corrupt activities at national departments. A total of 405 officials were suspended. The following are the types of sanctions that were taken against the officials that were charged and found guilty of misconduct since 01 September 2004 up until 31 March 2012:

• 1 504 officials were dismissed from the Public Service
• 139 officials were fined (e.g. not receiving three month salary)
• 16 officials were demoted
• 341 officials were given final written warnings
• 202 officials were prosecuted

The successful investigation of cases of alleged corruption reported through the NACH cases resulted in the recovery of R300 million from perpetrators.

However, the PSC is not satisfied with the current capacity in the respective departments to deal with alleged cases of alleged corruption. There is a need to ramp up such capacity.

The PSC is currently modernizing the system, using a web-enabled system which will transmit allegations on-line-, directly to departments. This will have the impact of expediting investigations and closing cases on a faster rate, thus being able to provide feed-back much quicker to whistle-blowers, giving greater credence to the Hotline and leading to improved prosecution of perpetrators.

Conclusion

From the above it is evident that the PSC is committed to playing its role towards the effective combating of corruption and the improvement of integrity in the Public Service. The PSC is committed to work with other stakeholders to enhance any effort that would contribute towards an effective fight against corruption in the country and the world.

THANK YOU VERY MUCH