The Minimum AntiCorruption Capacity Requirements

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• The Minimum Anti-Corruption Capacity Requirements
• Anti-Corruption Learning Network
• 31 July 2008

2
Presentation outline

• Background
• What are the MACC requirements?
• MACC Compliance Audit 2004/2005
• Recommendations
• New Public Service Regulations
• Conclusion

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Background

• In 2002, Cabinet approved the Public Service
  Anti-Corruption Strategy
• The Strategy is based on 9 considerations
• One of them is increasing institutional capacity
  through
• (i) Improved coordination and effectiveness of
  departments and agencies that have national
  anti-corruption mandates
• (ii) Capacity of courts to preside over
  corruption cases and
• (iii) Improved capacity of departments to fight
  internal corruption.

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Background (2)

• In order to gain a better understanding of the
  capacity of departments and to formulate
  appropriate responses to departments capacity
  requirements, the DPSA and PSC launched a joint
  research project in 2002 on the capacity of
  departments
• The results of the research were presented to the
  ACCC for consideration and action
• The DPSA on behalf of the ACCC submitted
  recommendations to Cabinet which approved the
  MACC requirements in 2003, which implementation
  began in July 2004 followed by Guidelines for
  implementing MACC in 2005 2006

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What are the MACC requirements?

• The Principle underlying MACC Requirements is to
  promote and safeguard integrity of governance
  processes and systems.
• As such, the requirements stipulates that the
  Executing Authority and Head of department MUST
  establish appropriate anti-corruption measures.
• The premise underlying this requirement is that
  corruption can be best managed through proper
  risks management by departments
• Such measures must comply with MACC norms and
  standards and be designed in a manner that best
  address the corruption risk of the department as
  a whole.

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What are the MACC requirements?

• As per the requirements, the Head of the
  departments SHALL
• (a) Analyse corruption risk assessment for the
  department
• (b) Develop and implement a plan to address those
  risks
• (c) Verify the previous employment,
  qualifications, citizenship and criminal record
  of all persons before they enter the Public
  Service
• (d) Establish a system that encourage and allow
  employees and citizens to report corruption
  CONFIDENTIALLY Provided

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What are the MACC requirements?

• (e) Establish a capacity to investigate
  allegations of corruption
• (f) Establish an educational and awareness
  programme
• (g) Ensure that, irrespective of ranks the
  employees responsible for the minimum functions
  have positive security clearances and disclose
  financial interests and
• (h) Establish an information management and
  reporting system that records all allegations of
  corruption and track progress with the management
  of each allegation.

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MACC Compliance Audit 2004/2005

• In an attempt to assess the level of compliance
  with the requirements, an audit was conducted by
  the DPSA in 2005
• The audit affirmed that the capacity to fight
  corruption in national and provincial departments
  is growing, even though in some areas they are
  lacking
• 67 had some capacity to fight corruption
• 44 has a whistle blowing policy
• 57 provided training for their employees
• Although challenges still exist, these should not
  daunt our efforts

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Recommendationsfor 2004/2005 Audit

• Support to the NAC Hotline is critical
• Departments should ensure the establishment of a
  whistle blowing policy and mechanism
• Extend the ACCC to include Provincial
  Representatives
• Formation of Provincial Anti-corruption
  Structures
• Continuous support to departments through
  practical guidelines and training

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New Public Service Regulations

• This year, the DPSA codified the requirements
  into regulations.
• The aim is to enforce compliance to increase
  departmental and organisational capacity to
  prevent and detect corruption.
• The regulations also calls for the establishment
  of Ethics Officers to amongst others
• promote integrity and ethical behaviour in the
  department
• Advise employees on ethical dilemmas and
  decision-making
• Ensure organisational integrity of policies,
  procedures and practices
• Identify predisposing and precipitating factors
  of unethical behaviour and corrupt activities,
  and report all unethical practices to the
  relevant accounting officer for the necessary
  action and
• Administer and manage declaration of interests in
  departments and organisational components.

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Challenges Opportunities

• In implementation, we need to leverage greater
  mutual support through exchange of learning and
  experiences,
• This forum presents us with an opportunity to
  create a network of responsible officials and for
  disseminating and sharing of information,
• And an opportunity for the identification of
  partners for implementation

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Conclusion

• Drafting legislation that support and promote
  integrity has proven to be easier than ensuring
  implementation.
• With the combined talent here today, we are
  presented with an opportunity to learn from one
  another and ensure that implementation takes
  place.

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Thank You

• Ms. Vanessa Phala
• Tel [phone]
• Email vanessap_at_dpsa.gov.za