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LOCAL GOVERNMEMENT IN THE 21 ST CENTURY PROGRAMME FOR THE FRAUD, CORRUPTION AND ETHICS SESSION 12-14 June 2012. Panel Discussion: Corruption in Global and National Context Mr T Mthethwa PUBLIC PROTECTOR OF THE REPUBLIC OF SOUTH AFRICA 12 JUNE 2012.
PROGRAMME FOR THE FRAUD, CORRUPTION AND ETHICS SESSION
12-14 June 2012
“The public sector, like all of society and the world, is a mixed bag of humanity. This mixed bag contains persons of little virtue and persons of virtue. The reality is such that the public sector is no more and no less unethical than the rest of society. But because the public sector is constituted of people and institutions that hold public trust... (it) must and does make that extra effort to maintain the integrity of its internal operations. “
Report on proceedings of the THIRD ANTI-CORRUPTION SUMMIT
1.1 Constitutional mandate
1.2 Public Protector’s Key Mandate areas
2. Corruption as a Global Concern
2.1 International corruption perceptions and transparency map
2.2 National perceptions on Local Govt Fraud and Corruption
2.3 AG Consolidated Local Government audit outcomes -2009/10
2.4 Service delivery and governance problems in municipalities
2.5 Major reasons for fraud and corruption
2.6 The impact of fraud and corruption
3.1 A comprehensive policy and regulatory framework is in place:
3.2 Policy and regulatory framework: Implementation gaps
3.3 National Anti-corruption Forum
3.4 Local Government Anti-Corruption Strategy
4. Role of the Public Protector in promoting Integrity as the Foundation of Good Governance
Financial Intelligence Centre, Legislature,
media and society.
values of good governance, and the Rule of Law
And quality of life.
legal system, its enforcement powers
resonance with traditional institutions such as the Venda Makhadzi (see cover page).
The Constitution anticipates mandate expansion through legislation, and legislation passed since establishment 15 years ago has resulted in the Public Protector being a multiple mandate agency with the following 6 key mandate areas:
Transversal investigative powers acknowledged in sector specific legislation, including the following:
Non-investigative functions conferred by legislation such as:
The Public Protector’s oversight jurisdiction covers more than 1000 organs of state and government agencies operating at all three levels of government, including local government. Public institutions and bodies performing a public function are also included.
AlixPartners 2012 Global Anti-Corruption Survey
Transparency International's transparency index
2009 Good Governance Survey Consolidated Report (Nkangala DM)
Source: 2009 - National State of Local Government Assessments
Source: Public Sector Integrity Management Framework
and abuse of resources in procurement
management, allocation of social housing, licencing and
traffic regulation, employment opportunities, including
Extended Public Work Programmes(EPWP), theft of electricity and municipal billing malpractices as well as enforcement of by-laws
Specific allegations typically involve:
that improperly affects the actions or decisions
of a public official.
other person or entity that deceive others
into providing a benefit that would not
normally accrue to the public official, other persons or entity.
The South African government has invested over ZAR60bn (7,1bn USD) of public funds into the provision of an estimated 2,8m subsidised housing units for low-income beneficiaries. A large number of the cases reported involve the fraudulent allocation of these subsidised houses
c) Abuse of power public officials using entrusted power or authority to improperly benefit another public official, person or entity
Irregularities in relation to tender and procurement related matters:
*Auditor General SA Consolidated Local Government audit outcomes -2009/10
e) Favouritism: the provision of services or resources according to personal affiliations of a public official.
f) Nepotism: public officials ensuring that family members are appointed to public service positions or that family members benefit form procurement processes
encouraged to be first port of
call for complaints.
for municipal police included.
integrity institutions such as
the Auditor General, Hawks,
SIU and PSC employed where
How do you initiate a case?
5) Complete a form on the website: www.publicprotector.org or 6) Send an email to email@example.com
Regardless of the above, your initiative gives me and many South Africans hope that local government in this country will turn the corner and deliver the service that our Constitution promises the people. This gathering indicates that there are leaders in this important sphere of government who are committed to democracy by ensuring meaningful service delivery and good governance
Utat’ u Madiba, our former President Nelson Mandela stated that -
“ Our hope for the future depends on our resolution as a nation in dealing with the scourge of corruption. Success will require an acceptance that, in many respects, we are a sick society. It is perfectly correct to assert that all this was spawned by apartheid. No amount of self-induced amnesia will change the reality of history. But it is also a reality of the present that among the new cadres in various levels of government you will find individuals who are as corrupt as, if not more than, those they found in government. When a leader in a provincial legislation siphons off resources meant to fund services by legislators to the people; when employees of a government institution that was set up to help empower those excluded by apartheid, defraud it for their own enrichment, then we must admit that we have a sick society. This problem manifests itself in all areas of life.”