30 August 2007
The National Anti-Corruption Forum (NACF) held a meeting on Wednesday, 29
August 2007 focusing on pertinent issues facing South Africa in the fight
against corruption. The NACF, chaired by the Minister for the Public Service
and Administration, is a cross-sectoral forum in the fight against corruption
and consists of representatives from the public sector, civil society and
business. This meeting focused in particular on whistle-blowing, preparations
for the third National Anti-Corruption Summit and an environmental scan of the
three sectors.
The importance of whistle-blowing as a mechanism to combat corruption and
activities in this area was reported on. Progress with the Whistle-blowing
Schools Competition was reported by Civil Society represented by the Open
Democracy Advice Centre (ODAC). Such competition promotes whistle-blowing as
part of school curricula and equips teachers to raise awareness among learners.
The NACF supports the interaction between civil society and the Department of
Education.
A report by the ODAC on the application of the Protected Disclosures Act was
presented. Problems identified in terms of the Act include that it is not
mandatory to have a whistle-blowing policy for employers, that the Legal Aid
Board will not represent whistleblowers and that there is a cap of two years'
salary on the damages that may be claimed. However, despite these concerns
there are positive developments. The South African Law Reform Commission is
currently considering the shortcomings of the Act as resolved by NACF at its
Summit in March 2005.
Proposed amendments to the Companies Act which suggest remedies to these
problems were welcomed. The NACF has also co-ordinated a national
cross-sectoral educational campaign to promote whistle-blowing and the
reporting of corruption. In addition, the public sector has developed a
whistle-blowing guideline which contains a proposed whistle-blowing policy for
use by departments. The NACF sub-committee on the "Apartheid Grand Corruption"
report which was presented to NACF by Civil Society in 2006 provided proposals
on taking the matter forward. It was agreed that further research be undertaken
to guide awareness raising and communication.
Discussions on preparations for the third National Anti-Corruption Summit to
be hosted by the NACF were held. The preliminary theme for the Summit is
"Towards an Integrated National Integrity Framework: Consolidating the Fight
against Corruption." It was agreed that in depth preparatory work be undertaken
by the different sectors reflecting on what has been done and should be done to
further the fight against corruption. To this end, a concept document and work
plan will be developed to guide the sectors. Given the nature of the
preparatory work to be done it is foreseen that the Summit will be held in the
first quarter of 2008. Ultimately, this Summit should reflect critically on
what more needs to be done to ensure that South Africa has a functional
National Integrity Framework.
The Public Sector reported progress on a Business Survey by the Department
of Public Service and Administration (DPSA) on Corruption in the private
sector. The objectives of the survey is to gain a better understanding of the
extent and levels of corruption within the business sector and the level of
compliance with the Prevention and Combating of Corrupt Activities Act and
other initiatives. It is envisaged that the study will be completed by December
2007.
The public and business sectors provided a scan of their environment. A
report by the Public Service Commission (PSC) on Financial Misconduct in the
Public Service during the 2005/06 financial year was presented. Seven hundred
and seventy-one (771) financial misconduct cases were reported to the PSC. The
most prevalent form of financial misconduct is fraud and theft which amounted
to 496 of the reported cases. Of the total of 771 misconduct cases, 81% of
employees were found guilty. The total cost of financial misconduct was R45
million. Concern was expressed by members of the NACF that only a limited
number of public servants were criminally charged emanating from financial
misconduct.
Business Unity South Africa (BUSA), in reflecting on the business sector
environment, reported that it has encouraged firms to identify with and
subscribe to the implementation of the principles of the Global Compact
Coalition against Corruption. A further initiative has been to subscribe to
similar principles advanced by the World Economic Forum. Business also reported
that fronting, particularly in the small medium and micro enterprises (SMMEs),
is a challenge facing the business sector.
The NACF agreed that civil society will present a scan of its environment at
the next NACF meeting with a focused input by organised labour. The NACF is
committed to the fight against corruption and seeks, through its programmes and
active participation of individual sectors, to improve the lives of all
citizens. It is envisaged that the outcome of the third National
Anti-Corruption Summit will contribute in a visible and direct manner to the
promotion of integrity in South Africa.
Enquiries:
Humphrey Ramafoko
Cell: 082 782 1730
Lewis Rabkin
Cell: 082 497 3220
Issued by: Department of Public Service and Administration
30 August 2007
