20 allegations of Corruption and Maladminstration received by Health Sector Anti-Corruption Forum
The Health Sector Anti-Corruption Forum (HSACF) met on 02 December 2020 to discuss progress that has been made with regard to the implementation of initiatives to fight fraud and corruption in the health sector. The HSACF comprises of various stakeholders such as civil society, law enforcement agencies, health sector regulators, government departments and private sector, and it is convened by the Special Investigating Unit (SIU) under the chairmanship of the Head of the SIU, Adv. Mothibi.
The HSACF meeting comes at a time when the country is not only experiencing a resurgence of COVID-19 infections in some Provinces but also continuous challenges around the widespread phenomenon where certain private sector companies and individuals (including civil servants) have willingly chosen to exploit a grave medical, social and economic crisis to wrongfully enrich themselves at the expense of vulnerable members of society.
This has been observed by the fraudulent and corrupt activities that has been uncovered in relation to the investigations conducted in terms of Proclamation R.23 of 2020 in respect of COVID-19 procurement by State institutions, which investigation was proclaimed by the President earlier this year.
This year, the HSACF has dealt with twenty (20) allegations of serious maladministration, fraud and corruption that were reported to the Forum. Thirteen (13) of the reported allegations have been assessed and formally converted into investigations, this includes investigations by the SIU through Proclamations signed by the President and investigations that are being undertaken by law enforcement agencies such as the Directorate for Priority Crime Investigation (the Hawks) as well as the National Department of Health.
In addition, four (4) allegations of maladministration, fraud and corruption in the public health sector have been assessed by the Forum and the SIU has submitted motivations for Proclamations in respect of these matters to the Presidency for the approval. These allegations centre around the alleged improper award of health care risk waste contracts by provincial Departments of Health.
Three (3) allegations were assessed and closed. In the first matter, legal review processes are pending in the High Court. In the second matter, the national Department of Health has intervened in order to deal with governance issues at the affected state institution. In the third matter, the allegations have already been investigated and recommendations have been made.
The HSACF is pleased to report that current investigations have yielded the following notable outcomes:
Criminal referrals have been made in investigations involving the HPCSA, Office of the State Attorney, and COVID-19 procurement by state institutions across the national, provincial and local spheres of government • Lifestyle Audits are being conducted where investigations have established that public servants are implicated in impropriety • Applications are being instituted for the rescission of judgements awarded against the State in medico-legal matters where investigations have established that the judgments were improperly obtained. Further, settlement agreements that have been found to have been concluded improperly are being reviewed with a view to
reclaiming money that has been paid by the State in circumstances where such settlements ought not to have been concluded; • Civil litigation has been instituted in the Special Tribunal, and the following relief has been obtained:
- Freezing of pension funds of implicated officials
- Preservation and restraint orders
- Recovery of State funds
The HSACF was further briefed on the irregularities around the regulation of medical devices and PPE (of particular concern is sub-standard PPE flooding the South African market), doctor registration irregularities, public health care workers conducting remunerative work outside of the public service without permission, and the monitoring of Non-Profit Organizations (NPOs) which are being hijacked in order to access COVID-19 funds. The HSACF will engage further with the relevant stakeholders in order to assess how best the HSACF may assist with these matters in order to ensure proper consequence management.
The HSACF was also briefed on the progress made with regard to the implementation of prevention, advisory and awareness initiatives, which are intended to supplement the joint corruption prevention measures in the health sector. Three (3) webinars have been successfully rolled out to date since October 2020 with a focus on different thematic topics in the health sector.
The webinars have thus far dealt with an overview of the HSACF, the NHI and its vulnerability to corruption and corruption in the private health care sector. The next webinar is scheduled for 18h00 on Sunday, 6 December 2020 and will focus on the intersection between COVID-19 and corruption. The panel will consist of Adv Mothibi of the SIU, Adv Shamilla Batohi (National Director of Public Prosecutions) and General Godfrey Lebeya (Head of the Hawks). The webinar will be hosted by Mark Heywood, Editor, Maverick Citizen.
The HSACF believes that based on the outcomes to date as highlighted above, the fight against fraud and corruption is being won through continuous multi-sectoral collaboration. The fact that this model is now being adopted in other sectors in testament to the success of the HSACF.
Enquiries:
Mr Kaizer Kganyago
Head of Stakeholder Relations and Communications Special Investigating Unit
Tel: 012 843 0048
Cell: 082 306 8888
E-mail: kkganyago@siu.org.za
