ETHICS, COMPLIANCE & CORRUPTION PREVENTION Creating an ethical & secure correctional system together - Zero tolerance of fraud & corruption correctional services Department of Correctional Services REPUBLIC OF SOUTH AFRICA June 2005 January 2005 Context of presentation 1st decade of democracy - contested transformation of Correctional Services - weaknesses in internal control / compliance, ethics & corruption prevention Purpose of correctional system - Act 111 of 1998 - to contribute to maintaining & protecting just, peaceful & safe society by … promoting social responsibility & human development of all prisoners & persons subject to community corrections. Members without ethics, discipline, & diligence cannot present & conduct themselves as public servants or rehabilitators. Corruption in correctional systems Tendency towards corruption is inherent in all correctional systems - mitigate against trend – White Paper direction: Management style, day to day conduct of members, compliance with policies & procedures, organisational culture Building ethical, compliant & corruption-free correctional system is not single year project; nor merely intervention; must be integral to all DCS operations & service delivery – Area Commissioners are key to delivery Concerted compliance & ethical interventions over past four or five years to improve ethical & clean correctional environment; Role of Area Commissioners and Heads of Correctional Centres is key – corruption prevention and ethical environment Good Governance Section 195 of Constitution - Sets out “basic values & principles governing public administration”, Administration of Justice Act AJA gives effect to constitutionally defined right to just administrative action: Rules & guidelines to follow when making decisions which affect person negatively Requires one to inform people about right to review or appeal & reasons Requires one to give reasons for their decisions & Gives public right to challenge decisions in court – judicial review Legislative framework specifically on corruption/fraudPrevention & Combating of Corruption Activities Act 2004; Protected Disclosures Act, 2000; Good Governance Commissioner as HoD responsible for: Good Governance within Department – internal control & compliance with all policy and procedure Service Evaluation against clearly defined Service Delivery Indicators – M & E on integrated info system Anti-Corruption & Anti Fraud Strategy based on prevention, investigation & Internal & external sanction where appropriate; Compliance with PFMA throughout DCS; Ensure that DCS & members function on basis of clear Code of Conduct, professional ethics, clear disciplinary code & procedures. National Anti-Corruption Summit Resolutions Corruption as obstacle to development President’s call to unite in fight against corruption & recommit to cause Progress on resolutions of first anti-corruption summit still number of challenges SA legal framework to fully comply with UN, AU, SADC conventions re corruption Resolutions: Ethics, Awareness & Prevention Combating Corruption Oversight, Transparency & Accountability Work of National Anti-Corruption Forum Strategic Plan 2005/6 Key Departmental Objective: To ensure effective internal provision of legal support & measures aimed at eradication of Corruption Enhance measures of corruption prevention, investigation & sanctioning with view to improved ethics management & enhanced corporate culture Conduct annual trend analysis on corruption, fraud & maladministration to improve management of following; Effective & efficient investigation, prosecution & sanctioning Provision of relevant ethics training & capacity building Effective & efficient delivery on & updating of Integrity Testing & Vetting Plan DCS Anti-Corruption Strategy COMM STRATEGY RISK MANAGEMENT ETHICS TRAINING INTERNAL AUDIT PHYSICAL & INFO SECURITY CODE OF CONDUCT FRAUD DETECTION ANTICORRUPTION AWARENSS OBLIGATION TO REPORT CORRUPTION CORRUPTION TREND ANALYSIS WHISTLE BLOWING POLICY INVESTIGATE INTEGRITY TESTING INTERNAL CONTROLS SYSTEMS, POLICY, PROCEDURE DISCIPLINARY CODE & PROCEDURE National Reporting 2004 REGION THEFT CORRUPTION DISHONEST FRAUD Eastern Cape 13 5 2 1 Free State /N Cape 12 6 5 6 Gauteng 22 37 19 11 5 15 4 5 10 27 4 5 Western Cape 9 11 2 2 GRAND TOTAL 71 101 36 62 KZN L,M,N Whistle blowing aims to increase reporting rate in 2005 Anti-corruption strategy aims to eradicate corruption Area Commissioner’s contribution Ensure regular presentations & formal training - better understanding of manifestations of fraud & corruption, & ethics Develop poster campaign for all stakeholders - DCS zero tolerance of corruption & fraud – expect ethics & integrity from all stakeholders Information flow re successes for inclusion in internal & external communication - aimed at all stakeholders Popularise Code of Conduct to all employees & stakeholders Enable Communication to publicise names of people found guilty of fraud & corruption & results of disciplinary action Plan annual Anti-Corruption summits Change organisational culture to sound & clear administration Training in policies, directives, procedures, duty sheets & job descriptions Enhance decision making & internal control DCS Anti-Corruption Strategy COMM STRATEGY RISK MANAGEMENT ETHICS TRAINING INTERNAL AUDIT PHYSICAL & INFO SECURITY CODE OF CONDUCT FRAUD DETECTION ANTICORRUPTION AWARENSS OBLIGATION TO REPORT CORRUPTION CORRUPTION TREND ANALYSIS WHISTLE BLOWING POLICY INVESTIGATE INTEGRITY TESTING INTERNAL CONTROLS SYSTEMS, POLICY, PROCEDURE DISCIPLINARY CODE & PROCEDURE Join Correctional Services in breaking cycle of crime through corrections & rehabilitation correctional services Department of Correctional Services REPUBLIC OF SOUTH AFRICA Thank you Building caring correctional system that truly belongs to all