267. Mr K A Sinclair (COPE-NC) to ask the Minister of Finance:
Whether, in light of the Transparency Internationalâs Corruption
Perceptions Index (CPI) indicating that South Africaâs ranking shifted
from 43rd in 2007 to 55th in 2009, the Government is winning the fight
against corruption; if not, what is the position in this regard; if
so, what are the relevant details? (CW330E)
Department of Public Service and Administration
Response
Since 1997, the South African government put in place policies,
legislation and structures to manage integrity and promote good
governance in the public sector. A number of initiatives have been
implemented at national and international levels to prevent and combat
corruption which Transparency International itself has acknowledged
and praised. The implementation and enforcement of some of the
measures is not satisfactory and remains a challenge, hence our
efforts to accelerate such implementation
Development of the Public Sector Integrity Management Framework
The DPSA has drafted the Public Sector Integrity Management Framework
which provides a comprehensive Integrity Framework derived from
existing regulatory framework dealing with ethical and good governance
measures in order to (a) strengthen existing measures regulating
probity in the public service; (b) strengthen capacity to prevent
corruption; (c) monitor and Evaluate implementation to ensure
compliance; and (d) address enforcement as a deterrent.
The draft Framework proposes measures for managing conflict of
interest by strengthening regulations regarding acceptance of gifts,
hospitality and other benefits, post-public employment, remunerative
work outside the public service and the restriction of public servants
with business interests from doing business with government. The draft
Framework has been extensively consulted upon and was also part of the
deliberations at the Public Service Week on 22 and 23 September 2011.
The DPSA is currently finalising the Framework for Cabinet approval.
1. Training on professional ethics and anti-corruption
Before 2008, the Public Service did not have a standardised
training programme on ethics management and anti-corruption. The
DPSA in collaboration with PALAMA has developed a four day training
programme for general employees and anti-corruption practitioners
in the Public Service. These training programmes are accredited by
Public Sector Education Training Authority (PSETA) at NQF Level 4
and 5 respectively. The courses are designed to (i) ensure that
every official is made aware of the importance of professional
ethics and specific guidelines and governance structures that
promote ethical conduct throughout the Public Service and (ii)
ensure that anti-corruption practitioners are able to develop and
implement strategies to prevent and detect corruption in
departments. A total of 1200 officials from national and provincial
departments have been trained on NQF Level 4, training on NQF Level
5 is expected to commence from October 2011.
In 2009/2010, the DPSA conducted an audit of the Minimum Anti-
corruption Capacity Requirements to assess the level of compliance
and the extent to which departments have capacity to prevent,
detect, investigate and resolve corruption. The DPSA is currently
conducting consultations with departments to take them through the
recommendations and assist them with implementations of the
recommendations. This process will assist capacitating departments
to prevent, detect, investigate and resolve corruption cases.
Institutional Mechanisms to ensure compliance, coordination and
enforcement
2. Public Service Anti-corruption Unit
At the operational level, the DPSA has established the Public
Service Anti-corruption Unit which operates through a multi-agency
approach by working collaboratively with departments and other law
enforcement agencies to investigate corruption; ensure that
disciplinary actions are taken and whistle blowers are protected.
A feasibility study has been finalised, the Unit will be
established as a government component soon.
The unit will in the main investigate officials with undeclared
business interests and doing business with government, officials
performing remunerative work outside the public service without
permission, and officials who solicit and/or receive bribes in
return for performing or not performing official duties.
3. National Anti-corruption Forum
The NACF was launched in 2001 after the first national anti-
corruption summit in 1999. The NACF is a partnership between
government, business and civil society. The primary objective of
the NACF is to contribute towards a national consensus through the
co-ordination of sectoral strategies against corruption. Every two
years the NACF hosts a national summit to review the implementation
of its work and come up with new policy proposals. Since its
inception, the NACF has hosted three Summits. The resolutions from
these Summits were translated into the national anti-corruption
programme and are jointly implemented by the three sectors. On 8 -
9 December 2011, The NACF will be hosting the 4th Summit and
celebrate 10 years of its existence which will coincide with the
celebration of the international anti-corruption day on 9 December.
The Minister for Public Service and Administration is the focal
point representing the public sector in the NACF and ensuring
implementation of public sector resolutions. Major strides have
been achieved in this regard and the report on achievements made by
the NACF in the implementation of Programme of Action will be
tabled at the Summit in December.
4. Compliance with international anti-corruption instruments
Over and above the national initiatives, the DPSA has formed
partnerships within the Continent to support the fight against
corruption. The department has facilitated an Anti-Corruption
Strategy for the Democratic Republic of Congo; the Strategy was
launched in October 2010 in Kinshasa. South Africa presented its
second APRM report in January 2011 at Addis- Ababa. Through the
APRM South Africa was able to develop a National programme of
Action that identifies corruption as a business risk and an
impediment to good governance.
In June 2010, the SA OECD Phase 2 Report was adopted by the OECD
Anti-bribery Working Group. The report provides an assessment of
South Africaâs implementation of the OECD Anti-bribery Convention.
The assessment found South Africa to be in full compliance with the
Convention. The DPSA has coordinated the development of the Action
Plan to implement the recommendations and will be monitoring the
implementation and reporting on progress to the OECD Anti-bribery
Working Group. Furthermore, South African experts are currently
reviewing Moroccoâs implementation of the United Nations Convention
against Corruption. South Africaâs assessment commenced in June
2011 and the relevant departments are completing the self
assessment checklist which is used to conduct the review.