“Growing South Africa together for a capable and
Description: Growing South Africa together for a capable and ethical Public Service PRESENTATION TO PORTFOLIO COMMITTEE PUBLIC SERVICE EMPLOYEES CONDUCTING BUSINESS WITH THE STATE 1 PUBLIC ADMINISTRATION ETHICS, INTEGRITY AND DISCIPLINARY TECHNICAL
Related Topics
Download Presentation
"“Growing South Africa together for a capable and" is the property of its rightful owner. Permission is granted to download and print the materials on this website for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Presentation Transcript
slide1. “Growing South Africa together for a
capable and ethical Public Service” PRESENTATION TO PORTFOLIO COMMITTEE
PUBLIC SERVICE EMPLOYEES CONDUCTING BUSINESS WITH THE STATE 1 PUBLIC ADMINISTRATION ETHICS, INTEGRITY AND DISCIPLINARY TECHNICAL ASSISTANCE UNIT<br>
slide2. PURPOSE To report on public servants conducting business with the state and the number of officials fined/or imprisoned as per Public Service Regulations, Regulations 13(c)<br>
slide3. SCOPE Introduction
Interventions
Status as at 31 January 2021
Investigations
Way forward<br>
slide4. INTRODUCTION Since January 2017 the DPSA has been monitoring the implementation of regulation 13 (c) of the Public Service Regulations, 2016 and regulation 8 of the Public Administration Management Act, 2014 which prohibit and criminalise public service employees, special advisors and public administration employees from conducting business with the State.
Since then, numerous letters were directed to departments, the Portfolio Committee was briefed on the yearly increase in employees identified to be possibly conducting business with the State and a list of departments not investigating possible cases was handed to the Portfolio Committee.<br>
slide5. INTERVENTIONS To address the list of employees identified in 2020, the DPSA drafted a template and sent it on 30 June 2020 to 28 national departments and all the Offices of the Premier who had employees listed as possibly conducting business with the State. It was requested that they provide feedback by 15 July 2020.<br>
slide6. INTERVENTIONS The DPSA received responses from the following National Departments:
Basic Education
Employment and Labour
Environmental Affairs, Forestry and Fisheries
Government Communication and Digital Technologies
Health
Office of the Chief Justice
Office of the Public Service Commission
Science and Technology
South African Police Service
Statistics South Africa 6<br>
slide7. INTERVENTIONS Tourism
Trade, Industry and Competition
The following National Departments did not respond:
Agriculture, Land Reform and Rural Development
Cooperative Governance
Correctional Services
Higher Education and Training
Home Affairs
Human Settlements
International Relations and Cooperation 7<br>
slide8. INTERVENTIONS The DPSA received responses from the following Provincial Departments KwaZulu-Natal: (11 of the 13)
Agriculture and Rural Development
Arts and Culture
Community Safety and Liaison
Co-operative Governance and Traditional Affairs
Education
Human Settlements
Office of the Premier
Public Works
Social Development
Sport and Recreation
Transport 8<br>
slide9. INTERVENTIONS Western Cape: (5 of the 5)
Agriculture
Department of the Premier
Education
Health
Provincial Treasury
Northern Cape: (6 of the 11)
Co-operative Governance, Human Settlements and Traditional Affairs
Health
Office of the Premier
Social Development
Sport, Arts and Culture
Transport, Safety and Liaison 9<br>
slide10. INTERVENTIONS On 22 July 2020, the Minister of Police and the Minister of Justice and Correctional Services met with the Minister for the Public Service and Administration and agreed to establish a multi-departmental team, coordinated by the DGs of the respective Ministries, to ensure that allegations regarding employees possibly conducting business with the State are investigated and those found guilty, are prosecuted.
On 24 August 2020, the DGs of the multi-departmental team met and approved an MOU which highlights the roles and responsibilities of each department. This was accompanied by a multi-disciplinary plan of action, focussing on ten priority cases and on dealing with the list of public service employees identified to be possibly conducting business with the State.<br>
slide11. INTERVENTIONSEAM In terms of the MOU, the DPSA will identify employees registered on the Central Supplier Database with the assistance of National Treasury (as per its mandate), for the departments to investigate and to report criminality to SAPS to investigate. Where appropriate, SAPS will hand investigations to the NPA to prosecute.
SAPS was provided with a list of public service employees possibly conducting business with the State. On 4 September 2020, SAPS identified 579 individuals on this list to be conducting business with the State.<br>
slide12. INTERVENTIONS<br>
slide13. INTERVENTIONS To assist those departments who received letters, the DPSA arranged two training sessions in August and September 2020, where SAPS trained ethics officers and investigators on how to investigate employees conducting business with the State.
On 15 December 2020, the DPSA forwarded follow-up letters to the departments listed by SAPS, to request feedback regarding investigations by 23 December 2020. Those who previously responded confirmed their responses. The National Department of Public Works and Infrastructure and the following provincial departments from Limpopo also responded: Health, Economic Development, Environment and Tourism, Agriculture and Rural Development and Education.<br>
slide14. Status as at January 2021 In January 2021, DPSA with the assistance of National Treasury scrutinised data on the Central Supplier Database involving Public Service employees and found the following:
Decline to 484 for 2021 (still less than the 579 identified by SAPS):
National Departments:
17 (down from 29) possibly have employees conducting business with an organ of state
Provincial Departments:
KZN
7 (down from 13) possibly have employees conducting business with an organ of state
8 (up from 1) have no employees conducting business with an organ of state
Gauteng
7 (down from 11) possibly have employees conducting business with an organ of state
7 (up from 3) have no employees conducting business with an organ of state 14<br>
slide15. Status as at January 2021 North West
2 (down from 7) possibly have employees conducting business with an organ of state
9 (up from 4) have no employees conducting business with an organ of state
Eastern Cape
10 (down from 11) possibly have employees conducting business with an organ of state
3 (up from 2) have no employees conducting business with an organ of state
Limpopo
4 (down from 9) possibly have employees conducting business with an organ of state
8 (up from 3) have no employees conducting business with an organ of state
Mpumalanga
7 (down from 10) possibly have employees conducting business with an organ of state
5 (up from 2) have no employees conducting business with an organ of state 15<br>
slide16. Status as at January 2021 Free State
5 (down from 10) possibly have employees conducting business with an organ of state
7 (up from 2) have no employees conducting business with an organ of state
Northern Cape
8 (down from 11) possibly have employees conducting business with an organ of state
4 (up from 1) have no employees conducting business with an organ of state
Western Cape
4 (down from 5) possibly have employees conducting business with an organ of state
9 (up from 8) have no employees conducting business with an organ of state 16<br>
slide17. INVESTIGATIONS Cases are still being investigated by departments and the SAPS.
SAPS Investigations
28 October 2020, SAPS indicated that they have identified 78 employees of SAPS to be conducting business with the State, with 49 of them being active directors of companies registered on the CSD, 19 being inactive or resigned directors and 10 employees whose identity numbers were not recognised by CIPC. Disciplinary processes were at different stages, with seven (7) criminal cases and one (1) criminal enquiry registered against SAPS members. This included seven (7) of the 10 priority cases identified.<br>
slide18. INVESTIGATIONS 21 January 2021, SAPS indicated they are still investigating one (1) case provided by DPSA as reported by the Department of Science and Innovation; and nine (9) cases involving SAPS members, of which one (1) case involves four (4) SAPS officials.<br>
slide19. INVESTIGATIONS Departmental investigations: (Of the 484 cases, National investigated 83 cases with 42 not investigated and Provinces investigated 94 cases with 264 still outstanding)
No response – 5 national departments (Agriculture, Land Reform and Rural Development, Higher Education and Training, Justice and Constitutional Development, Correctional Services, and Water and Sanitation), and 41 provincial departments (see Annexure B Part 2).
Departments who commenced with investigations – 6 national departments (Basic Education, Environmental Affairs, Forestry and Fisheries; SAPS; Tourism; Public Works and Infrastructure; and Trade Industry and Infrastructure) and 11 provincial departments (KZN Agriculture and Rural Development, KZN Cooperative Governance and Traditional Affairs, KZN Education, KZN Office of the Premier, KZN Transport, Limpopo Education, NC Cooperative Governance, Human Settlements and Traditional Affairs, NC Health, NC Social Development, WC Education, WC Health).
Cases finalised and employees found guilty – 1 national department (Employment and Labour)<br>
slide20. INVESTIGATIONS Cases finalised and found not guilty – 4 national departments (DPME, Science and Technology, Social Development, SAPS).
Cases referred for disciplinary hearing – 2 national departments (SAPS, Social Development) and 1 provincial department (NC Health)
Criminal charges – 1 national department (SAPS) and 1 provincial department referred cases to SAPS (Limpopo Health)<br>
slide21. WAY FORWARD The DPSA is continuously following up with those departments not investigating their cases and provides technical assistance for those who require such.
The DPSA is in constant liaison with SAPS regarding the referred cases.
SAPS should be invited to present on progress regarding the referred cases.
MPSA is to address FOSAD on this matter, with all departments who are not responding or investigating their cases to be present.<br>
capable and ethical Public Service” PRESENTATION TO PORTFOLIO COMMITTEE
PUBLIC SERVICE EMPLOYEES CONDUCTING BUSINESS WITH THE STATE 1 PUBLIC ADMINISTRATION ETHICS, INTEGRITY AND DISCIPLINARY TECHNICAL ASSISTANCE UNIT<br>
slide2. PURPOSE To report on public servants conducting business with the state and the number of officials fined/or imprisoned as per Public Service Regulations, Regulations 13(c)<br>
slide3. SCOPE Introduction
Interventions
Status as at 31 January 2021
Investigations
Way forward<br>
slide4. INTRODUCTION Since January 2017 the DPSA has been monitoring the implementation of regulation 13 (c) of the Public Service Regulations, 2016 and regulation 8 of the Public Administration Management Act, 2014 which prohibit and criminalise public service employees, special advisors and public administration employees from conducting business with the State.
Since then, numerous letters were directed to departments, the Portfolio Committee was briefed on the yearly increase in employees identified to be possibly conducting business with the State and a list of departments not investigating possible cases was handed to the Portfolio Committee.<br>
slide5. INTERVENTIONS To address the list of employees identified in 2020, the DPSA drafted a template and sent it on 30 June 2020 to 28 national departments and all the Offices of the Premier who had employees listed as possibly conducting business with the State. It was requested that they provide feedback by 15 July 2020.<br>
slide6. INTERVENTIONS The DPSA received responses from the following National Departments:
Basic Education
Employment and Labour
Environmental Affairs, Forestry and Fisheries
Government Communication and Digital Technologies
Health
Office of the Chief Justice
Office of the Public Service Commission
Science and Technology
South African Police Service
Statistics South Africa 6<br>
slide7. INTERVENTIONS Tourism
Trade, Industry and Competition
The following National Departments did not respond:
Agriculture, Land Reform and Rural Development
Cooperative Governance
Correctional Services
Higher Education and Training
Home Affairs
Human Settlements
International Relations and Cooperation 7<br>
slide8. INTERVENTIONS The DPSA received responses from the following Provincial Departments KwaZulu-Natal: (11 of the 13)
Agriculture and Rural Development
Arts and Culture
Community Safety and Liaison
Co-operative Governance and Traditional Affairs
Education
Human Settlements
Office of the Premier
Public Works
Social Development
Sport and Recreation
Transport 8<br>
slide9. INTERVENTIONS Western Cape: (5 of the 5)
Agriculture
Department of the Premier
Education
Health
Provincial Treasury
Northern Cape: (6 of the 11)
Co-operative Governance, Human Settlements and Traditional Affairs
Health
Office of the Premier
Social Development
Sport, Arts and Culture
Transport, Safety and Liaison 9<br>
slide10. INTERVENTIONS On 22 July 2020, the Minister of Police and the Minister of Justice and Correctional Services met with the Minister for the Public Service and Administration and agreed to establish a multi-departmental team, coordinated by the DGs of the respective Ministries, to ensure that allegations regarding employees possibly conducting business with the State are investigated and those found guilty, are prosecuted.
On 24 August 2020, the DGs of the multi-departmental team met and approved an MOU which highlights the roles and responsibilities of each department. This was accompanied by a multi-disciplinary plan of action, focussing on ten priority cases and on dealing with the list of public service employees identified to be possibly conducting business with the State.<br>
slide11. INTERVENTIONSEAM In terms of the MOU, the DPSA will identify employees registered on the Central Supplier Database with the assistance of National Treasury (as per its mandate), for the departments to investigate and to report criminality to SAPS to investigate. Where appropriate, SAPS will hand investigations to the NPA to prosecute.
SAPS was provided with a list of public service employees possibly conducting business with the State. On 4 September 2020, SAPS identified 579 individuals on this list to be conducting business with the State.<br>
slide12. INTERVENTIONS<br>
slide13. INTERVENTIONS To assist those departments who received letters, the DPSA arranged two training sessions in August and September 2020, where SAPS trained ethics officers and investigators on how to investigate employees conducting business with the State.
On 15 December 2020, the DPSA forwarded follow-up letters to the departments listed by SAPS, to request feedback regarding investigations by 23 December 2020. Those who previously responded confirmed their responses. The National Department of Public Works and Infrastructure and the following provincial departments from Limpopo also responded: Health, Economic Development, Environment and Tourism, Agriculture and Rural Development and Education.<br>
slide14. Status as at January 2021 In January 2021, DPSA with the assistance of National Treasury scrutinised data on the Central Supplier Database involving Public Service employees and found the following:
Decline to 484 for 2021 (still less than the 579 identified by SAPS):
National Departments:
17 (down from 29) possibly have employees conducting business with an organ of state
Provincial Departments:
KZN
7 (down from 13) possibly have employees conducting business with an organ of state
8 (up from 1) have no employees conducting business with an organ of state
Gauteng
7 (down from 11) possibly have employees conducting business with an organ of state
7 (up from 3) have no employees conducting business with an organ of state 14<br>
slide15. Status as at January 2021 North West
2 (down from 7) possibly have employees conducting business with an organ of state
9 (up from 4) have no employees conducting business with an organ of state
Eastern Cape
10 (down from 11) possibly have employees conducting business with an organ of state
3 (up from 2) have no employees conducting business with an organ of state
Limpopo
4 (down from 9) possibly have employees conducting business with an organ of state
8 (up from 3) have no employees conducting business with an organ of state
Mpumalanga
7 (down from 10) possibly have employees conducting business with an organ of state
5 (up from 2) have no employees conducting business with an organ of state 15<br>
slide16. Status as at January 2021 Free State
5 (down from 10) possibly have employees conducting business with an organ of state
7 (up from 2) have no employees conducting business with an organ of state
Northern Cape
8 (down from 11) possibly have employees conducting business with an organ of state
4 (up from 1) have no employees conducting business with an organ of state
Western Cape
4 (down from 5) possibly have employees conducting business with an organ of state
9 (up from 8) have no employees conducting business with an organ of state 16<br>
slide17. INVESTIGATIONS Cases are still being investigated by departments and the SAPS.
SAPS Investigations
28 October 2020, SAPS indicated that they have identified 78 employees of SAPS to be conducting business with the State, with 49 of them being active directors of companies registered on the CSD, 19 being inactive or resigned directors and 10 employees whose identity numbers were not recognised by CIPC. Disciplinary processes were at different stages, with seven (7) criminal cases and one (1) criminal enquiry registered against SAPS members. This included seven (7) of the 10 priority cases identified.<br>
slide18. INVESTIGATIONS 21 January 2021, SAPS indicated they are still investigating one (1) case provided by DPSA as reported by the Department of Science and Innovation; and nine (9) cases involving SAPS members, of which one (1) case involves four (4) SAPS officials.<br>
slide19. INVESTIGATIONS Departmental investigations: (Of the 484 cases, National investigated 83 cases with 42 not investigated and Provinces investigated 94 cases with 264 still outstanding)
No response – 5 national departments (Agriculture, Land Reform and Rural Development, Higher Education and Training, Justice and Constitutional Development, Correctional Services, and Water and Sanitation), and 41 provincial departments (see Annexure B Part 2).
Departments who commenced with investigations – 6 national departments (Basic Education, Environmental Affairs, Forestry and Fisheries; SAPS; Tourism; Public Works and Infrastructure; and Trade Industry and Infrastructure) and 11 provincial departments (KZN Agriculture and Rural Development, KZN Cooperative Governance and Traditional Affairs, KZN Education, KZN Office of the Premier, KZN Transport, Limpopo Education, NC Cooperative Governance, Human Settlements and Traditional Affairs, NC Health, NC Social Development, WC Education, WC Health).
Cases finalised and employees found guilty – 1 national department (Employment and Labour)<br>
slide20. INVESTIGATIONS Cases finalised and found not guilty – 4 national departments (DPME, Science and Technology, Social Development, SAPS).
Cases referred for disciplinary hearing – 2 national departments (SAPS, Social Development) and 1 provincial department (NC Health)
Criminal charges – 1 national department (SAPS) and 1 provincial department referred cases to SAPS (Limpopo Health)<br>
slide21. WAY FORWARD The DPSA is continuously following up with those departments not investigating their cases and provides technical assistance for those who require such.
The DPSA is in constant liaison with SAPS regarding the referred cases.
SAPS should be invited to present on progress regarding the referred cases.
MPSA is to address FOSAD on this matter, with all departments who are not responding or investigating their cases to be present.<br>