Transcript cifal - eThekwini Municipality

SOUTH AFRICA’S
NATIONAL RESPONSE
TO CORRUPTION
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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.
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 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
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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
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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 R100 000.
 Prevent people in South Africa from using
corruption to influence members of the public
sector of other countries.
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 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
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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
developed at all spheres of government.
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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.
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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
 Domestic, regional and international good
practice, guidelines, standard setting documents.
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Public Service tailor-made strategies are required
that operates independently but complementary to
national strategies, particularly with regard to;
 Detection
 Investigation
 Prosecution
 Adjudication of acts of corruption and
 Recovery of proceeds of corruption.
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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
principles upon which the LGACS should be
based are the following;
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 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;
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 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.
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OFFICE OF THE
OMBUDSPERSON AND HEAD
OF INVESTIGATIONS
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Functions of the Ombudsperson:
 To promote respect for human rights and to
promote a culture of human rights within the
eThekwini 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.
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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.
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Has the authority to recommend:
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Disciplinary action
Institution of civil proceedings
Institution of a criminal action
Improvement of internal controls; and
Any other appropriate corrective action
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LEADERSHIP
The eThekwini 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
 Make resources available for the implementation
of the anti-corruption programme
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 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 anti-corruption
programme.
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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.
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“NAGANELA PELE, THINK AHEAD”
THANK YOU
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