A REPORT ON GOVERNMENT IMPLEMENTATION OF THE 1999 SUMMIT RESOLUTIONS : 26 TH MARCH 2003 A review and revision of legislation COMBATING CORRUPTION A review.

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Presentation transcript:

A REPORT ON GOVERNMENT IMPLEMENTATION OF THE 1999 SUMMIT RESOLUTIONS : 26 TH MARCH 2003 A review and revision of legislation COMBATING CORRUPTION A review and revision of legislation New Prevention of Corruption Bill has been developed. More comprehensive. More effective. Will be enacted late 2003

Protected Disclosure Act commenced on 16 February 2001, guidelines for practical implementation is in the process of finalization. Administration of Justice Act, 2000 assented to on 03 February 2000 and became effective on 30 TH November Holds Government Accountable for any administrative decision on behalf of citizens.

Promotion of Access to Information Act, 2000 has been assented to. Promotes transparency Government held accountable for its actions. Applies to both Private and Public Sectors

The Public Finance Management Act of 1999 makes provision for national and provincial departments to report cases of financial misconduct. Financial Misconduct includes: material loss through criminal conduct, unauthorized, irregular, fruitless and wasteful expenditure.

434 officials were charged with financial misconduct. Criminal proceedings were instituted against 91, of whom 86 were found guilty.

Establishment of special courts to adjudicate on corruption cases A specialized commercial crimes court and prosecuting unit was established in Pretoria A second pilot site was established in Johannesburg in Helps to speed up high-profile cases of commercial crime.

Establishment of Sectoral Coordinating Structures (broadly classified as Public Sector, Civil Society and Business). National Anti-Corruption Forum was launched in June 2001 and a Memorandum of Understanding was signed during the launch. Revatilized after period of inactivity.

Establishment of (3)Respective Coordinating Structures to lead, coordinate, monitor and manage the National Anti-Corruption Programme in the various sectors The Anti-Corruption Co-ordinating Committee (ACCC) established by Government Public Sector Anti-Corruption Strategy (PSACS) developed

PREVENTING CORRUPTION Blacklisting of individuals, businesses and organizations that are proven to be involved in corruption Blacklisting report calls for Anti-Corruption pacts between Government and Service Providers. Government has in principle approved that corrupt employees be blacklisted from employment in the public service, and this system will be implemented once the legal issues have been resolved.

Establishment of anti-corruption hotlines Established in six provinces. Established in eight national departments. Unequal application of processes. Call for standardization. A national consultation is being planned.

Disciplinary action against corrupt persons Disciplinary codes revised. Efficacy of application still to be measured. Government completed report on the investigation into dismissals as a result of misconduct (1999). Action taken against various officials.

Consistent monitoring and reporting of corruption A project is in the planning stages to give effect to this.

Promotion of and implementation of sound ethical, financial and related management practices New Public Service Regulations and Public Finance Management Act of 1999 contain elements that address these issues. Honesty and integrity is a defined competency identified for the Senior Management Service (SMS) of the public sector.

Ethics and fair dealing is one of five pillars in newly established Procurement Guidelines.

THE FINANCIAL DISCLOSURE FRAMEWORK SMS have to disclose all financial interests. Gifts above R 350 Currently 27% of managers have not submitted. EXECUTING AUTHORITIES have been asked to charge these SMS members.

BUILDING INTEGRITY AND RAISING AWARENESS Awareness Promotion and pursuance of social research and analysis and policy advocacy to analyze causes, effects and growth of corruption. First step was the completion of the Corruption Country Assessment. Draft report finalized. Report shows discrepancy between the perception of corruption and it’s actual experience

Enforcement of Code of Conduct and Disciplinary Codes in each sector Public Service Code of Conduct, new Disciplinary Code and practical guideline on the Code of Conduct are in place. Various promotional workshops held. Launch of Explanatory Manual. Next Stage: Project to translate Explanatory Manual in all Languages.

Inspiring the youth, workers and employers towards intolerance for corruption No particular strategy in place as yet.

Promotion of training and education in ethics Two national workshops on corruption prevention held at University of Pretoria during 2001/2. Workshops on the code of Conduct and risk management were conducted in all nine provinces. Ethics incorporated in public service training offered by SAMDI.

Sustained media campaigns to highlight aspects of the strategies Limited TV campaign held in December Funds are needed to sustain such and other media campaigns