What are Human Settlements?

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WHY IS CORRUPTION A PROBLEM?

• Corruption undermines growth and development by
  diverting resources away from programmer and so
  increases poverty and inequality.
• Corruption limits our ability to fight poverty,
  negatively affects our economic development,
  damages social values and undermines democracy
  and good governance.

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WHY IS CORRUPTION A PROBLEM ?

• Corruption affects the lives of everyone in South
  Africa. It is our common enemy. It undermines
  human rights like the right to equality and to
  freedom of trade and occupation.
• When people pay bribes to get things that they
  are not entitled to, there is less money
  available for people that really need it.
• Corruption increases the cost of public service.
  As a result there is less money for housing,
  health care, education and other resources.

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WHY IS CORRUPTION A PROBLEM?

• A connection to the state or certain
  individuals in Government has become an essential
  element for wealth accumulation.
• Because corruption is a crime, corrupt officials
  have to be prosecuted and perhaps kept in prison,
  which is expensive and puts an additional burden
  on the State.

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PURPOSE OF FIGHTING CORRUPTION

• The Constitution enshrines the rights of all
  people in the Republic and affirms the democratic
  values of human dignity, equality and freedom.
• The Constitution places a duty on the State to
  respect, protect, promote and fulfill all the
  rights as enshrined in the Bill of Rights.

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PURPOSE OF FIGHTINGCORRUPTION

• Corruption and related corrupt activities
  undermines the said rights and endanger the
  stability and security of societies, undermines
  the institutions and values of democracy and
  ethical values and morality, jeopardize
  sustainable development, the value of law and
  credibility of governments, and provide a
  breeding ground for organized crime.

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Responsibility of thestate

• The prevention and combating of corruption and
  related corrupt activities is a responsibility of
  the state and it requires mutual cooperation,
  with the support and involvement of all
  individuals and groups outside public sector,
  such as organs of civil society and non
  governmental and community based organizations.

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What is the government doing about corruption?

• Since 1994, the Government has done
• many things to prevent corruption and to
• make sure that those who are guilty of it are
• punished, including
• THE CODE OF CONDUCT FOR PUBLIC SERVANTS (1997)
• Amongst other things, the code says

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What is the government doing about corruption?
Public Servants Public Servants
Must Always Must Never
Act in the best interests of the public. Favour friends or relatives or abuse their authority.
Be honest when dealing with public money. Use their official position to obtain gifts or benefits.
Report all cases of fraud and corruption to appropriate authorities Accept any gifts or benefits when offered them as these may be construed as bribes.
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What is the government

• The Promotion of Access to information Act (2000)
• This Act assists people to get information from
  government and business and can be used to check
  whether corruption has taken place.
• The Promotion of Administrative Justice Act
  (2000)
• This Act requires government to follow fair
  procedures when taking decisions that affect the
  public or an individual.

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What is the government

• It gives people the right to request written
  reasons for decisions they disagree with, which
  allows them to see whether corruption influenced
  the decision.
• The Protected disclosures Act (2000)
• This Act (often called the Whistleblowers Act)
  was passed to encouraged employees in both public
  and private sector to disclose information about
  unlawful and irregular behaviour in the workplace.

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What is the government

• The Public Service Anti-Corruption Strategy
  (2002)
• This strategy aims to
• - Make sure all types of corruption are
  covered
• by the law.
• - make it easier for people to report
  corruption.
• prevent corrupt people and business from
• - getting work from government.

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What is the government

• The Prevention and Combating of Corrupt
  Activities Act (PRECCA) (2004)
• This Act makes corruption a crime. It covers
  anyone working for the Government and people
  outside of government. It even covers gambling
  or sporting events (like match-fixing)

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What is the government.

• Amongst other things, this Act (PRECCA)sets out
  the responsibilities of public officials in
  managing public funds and assets.
• Public officials must ensure efficient,
  effective, economical and transparent use of
  financial and other resources.
• Public officials must take appropriate steps to
  prevent within their area of responsibility, any
  unauthorized, irregular, fruitless and wasteful
  expenditure and any under collection of revenue
  due.

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What is the government

• National Anti-Corruption Hotline
• As part of its efforts to make it easier for
  people to report corruption in the public
  service, the government has set up a free
  hotline. Because the identity of the caller is
  protected, people can call this number to report
  corruption anonymously, without fear.

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WHAT IS CORRUPTION?

• Corruption is any conduct or behaviour where a
  person in the position of power, accepts, agrees
  or offers any gratification for himself/herself
  or for another person where the purpose is to act
  dishonestly or illegally.

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• ELEMENTS OF CORRUPTION

Corruptor Gives or offers to give Which is not
legally due.
Corruptee receives or accepts to receive to do
any act or omit To do any act required to do
The player
The Act
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EXAMPLES OF CORRUPT BEHAVIOUR

• Conflict of interest (e.g. doing your own private
  business associated with your work without
  disclosure)
• Undisclosed interest in supplier/vendor/-contracto
  r.

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EXAMPLES

• Unexplained or unusual favouritism of a
  particular vendor
• Excluding qualified bidders
• Unreasonable bidding time allowed
• Failure to adequately advertise for request for
  proposal

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EXAMPLES

• Bribes and Kickbacks
• Non-Competitive selection of a vendor or
  contractor
• Unjustified favoritism (high prices, excessive
  purchases, acceptance of low quality)
• Buyers accepting inappropriate gifts

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EXAMPLES

• Abuse of power
• Public Servant using his/her position of
  authority to improperly benefit another public
  servant, person or entity e.g. managers not
  requesting leave form in exchange for personal
  favour from employee

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EXAMPLES

• Abuse of privileged information.
• Using privileged or confidential information at
  ones disposal to provide unfair advantage to
  other person or entity to obtain benefit for such
  person or self.
• E.g a contract is to be awarded for the
  purchase of equipment, and the lowest tender
  amount is secretly given to a friend to ensure
  he/she gets the contract.
• Collusion between buyer and supplier.

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EXAMPLES

• Nepotism
• Ensuring that family members or close friends
  are appointed or receive contracts from the
  state.
• Sexual Harassment
• Using ones position of power to obtain sexual
  favours.

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DUTY TO REPORT

• Because corruption affects us all, it is our
  common enemy. We therefore all have a duty to
  report corruption whenever we come across it.
• In some cases it is more than just a duty.
• Sec 34 of the Prevention and Combating of
• Corrupt Activities Act of 2004 makes it an
  
• offence for a person in a position of
  authority
• in the public and private sector not to
  report
• corruption involving more then R100 000.00

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REPORTING CORRUPTION

• The Code of Conduct for the Public Service
  requires all employees of the public service to
  report corruption to an appropriate authority.
• The Code of Conduct for the Public Service
  requires all employees of the public service to
  report corruption to an appropriate authority.

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REPORTING PROCEDURES

• Should the employee wish to report allegations,
  they can contact their Supervisor or their
  Manager.
• Should the employee wish to report allegations
  anonymously they can contact the NATIONAL
  ANTI-CORRUPTION HOTLINE on 0800 701 701.

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REPORTING PROCEDURES

• Protected Disclosure Act of 2000
• Many people do not report corruption out of fear
  of what will happen to them e.g. they may fear
  that they will be transferred, disciplined or
  even dismissed. To deal with this, government
  passed the PROTECTED DISCLOSURES ACT to protect
  Whistleblowers in both the private and public
  sector from being victimized.

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REPORTING PROCEDURES

• To get the protection of the Act, anyone making a
  disclosure must
• Have reasonable grounds to believe it to be true.
• Not be making the disclosure for their personal
  gain.

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CONSEQUENCES OF CORRUPTION

• People found guilty of corruption face heavy
  fines or long jail sentences. They may also be
  refused future work from government.
• They also face the risk of their assets being
  attached and forfeited to the State in terms of
  the Asset Forfeiture Act.

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THE END

• THANK YOU