NATIONAL ASSEMBLY
QUESTION FOR WRITTEN REPLY
QUESTION NUMBER 1012
DATE OF PUBLICATION: 28 AUGUST 2009
Mr M Swart (DA) to ask the Minister of Finance:
(1) Whether any customs officials were involved in corrupt activities in
the 2008-09 financial year; if so, (a) how many, (b) what are the
relevant details and (c) what actions were taken against each official;
(2) whether any cases of corruption are currently being investigated in
the customs department; if so, (a) how many and (b) what are the
further relevant details?
NW1237E
REPLY:
Thirty-two (32) customs officials were investigated for alleged involvement
in corruption during the last financial year. Five (5) of these cases were
withdrawn after the charges were established to be unfounded. One (1) not
guilty verdict was issued. The majority of these people were investigated
on bribery related charges. Other charges included the issuing of false
permits, theft from state warehouses, theft of detained goods, and
unauthorised release of detained goods. Eight (8) people were dismissed and
two (2)
resigned as a result of internal investigations. A further three (3)
officials were arrested by the SAPS. Thirteen (13) of these cases are still
being investigated with six (6) at the prosecution stage and seven (7)
officials currently suspended.
Year Ending 31 March 2009
| |No of cases |Theft |Bribery |Corruption |
|Ongoing | | | | |
|Investigations |13 |3 |6 |4 |
|Dismissed |8 |3 |3 |2 |
|Criminal Case | | | | |
|Opened |3 |3 |0 |0 |
|Resigned |2 |1 |1 |0 |
|Withdrawn/Unfoun|5 |0 |3 |2 |
|ded | | | | |
|Not guilty |1 |0 |0 |1 |
|verdict | | | | |
Current Year from 1 March 2009 to date
| |No of cases |Theft |Bribery |Corruption |
|Ongoing |20 including | | | |
|Investigation|6 Misconduct |5 |4 |5 |
|s |cases | | | |
|Dismissed |0 |0 |0 |0 |
|Criminal Case| | | | |
|opened |0 |0 |0 |1 |
|Resigned |0 |0 |0 |0 |
For the current financial year twenty cases are under investigation. Six of
these are for misconduct.
Involvement by customs officials in corruption continues to challenge
countries all over the world. Emerging democracies are targeted by
international crime syndicates who view the borders of such countries as
vulnerable. Apart from the clear criminal activities to smuggle illicit
goods, customs officials must also deal with daily efforts by the trading
community to bypass or reduce their excise and duty obligations. Such
efforts inevitably require collusion by customs officials and bribery
therefore is the leading crime for which customs officials find themselves
under investigation.
SARSâs anti-corruption strategy is multi-pronged. It includes ongoing
surveillance via the latest technology; working with key partners such as
the border police; the protection of whistleblowers and the prohibition of
the acceptance of gifts by officials. Other measures include lifestyle
analysis and intelligence sharing with international counterparts. The
establishment of an anti-corruption and security arm with a dedicated
hotline and team of internal investigators has yielded good results.
Preventative steps include extensive vetting and pre-employment screening,
regular joint operations and a visible anti-corruption presence in âhot
spotsâ. The establishment of the Border Control Co-ordinating Committee to
improve co-ordination and intelligence exchange and the launch of a Customs
Border Control Unit (CBCU) with detector dogs has proven powerful tools in
the fight against illicit trade.
The rules, and consequences for breaking them, are regularly communicated
to employees. The ânaming and shamingâ of those found guilty is also
important. SARS strives to instil a sense of higher purpose among staff and
constantly reminds them of their patriotic responsibilities.
Employees are reminded to be alert and to report anything and anyone they
believe may bring the integrity of the public service into question. This
has proven very successful with employees willing to act as witnesses.
Completing investigations and being able to dismiss convicted employees
speedily remains a challenge. Such employees tend to try to delay
proceedings so as to keep their job and salary as long as possible. These
individuals often resign once an outcome is pending.
The effectiveness of anti-corruption efforts and achieving sustained
results depends on broader efforts in the country to address crime and the
perceived decline in morals and ethics. White collar crime has less of a
stigma than violent crime. Consumers of fake goods, fuel the trade in
smuggled counterfeit. Shipping companies and clearing agents involved in
crime see only the immediate cash benefits for themselves with no concern
for the broader societal costs.
The battle to minimise corruption is a long term one which aims to shift
behavioural norms in favour of ethical conduct.
END