servants in the anti-fraud campaign
26 July 2006
The Department of Social Development (DSD) has noted the statement of the DA
relating to the prosecution of public servants who have committed fraud against
the social grants system and vehemently rejects allegations of double standards
in dealing with public servants.
We re-affirm our commitment to act swiftly and effectively against anyone
who defrauds the system, whether they are public servants or not.
The DSD entered into a three year agreement with the Special Investigations
Unit (SIU) to investigate fraud in the social grants system. Phase One of the
investigation focused on government employees that were receiving grants
illegally.
This investigation entails that those who were found to have received the
grants illegally were criminally prosecuted and are subjected to an
Acknowledgement of Debt process. In terms of this process a person shall enter
into an agreement to pay back the money over a specific period. His or her
income and expenditure are considered. Those who fail or dishonour the
repayment shall face further legal action.
The decision to prosecute rests with the prosecutors, under delegation from
the National Prosecuting Authority (NPA). In this regard guidelines have
been developed to assess the prosecutability of cases. Most of the convictions
to date have been obtained through guilty pleas or as a result of
plea-bargaining between the prosecution and the accused. Plea-bargaining
arrangements are entered into, taking into account the nature and gravity of
the offence, value of the benefit, personal circumstances of the accused and
the likely sentence that the court may impose. Cases are systematically
recommended by the SIU for disciplinary action.
Each employer department will have the discretion to institute disciplinary
action based on the recommendation by the SIU. The DSD normally issues media
advisories when cases will go before court and the media is free to attend and
report on the cases. Many newspapers have in the past reported on the
appearances and published pictures of the accused.
The 1 792 public servants referred to by the DA co-operated with the
criminal justice system and pleaded guilty. Most of the repayment arrangements
are for a period of between 36 months to 60 months depending on the capital
debt owed and their income of the guilty party.
The SIU project is currently focused on public servants that have defrauded
the system, phase two of this investigation will focus on the general public.
The Department is pleased with the progress made so far in the campaign, which
has included a saving of R1,2 billion for government.
Enquiries:
Lakela Kaunda
Cell: 082 782 2575.
Issued by: Department of Social Development
26 July 2006
