PRESENTATION TO THE PORTFOLIO COMMITTEE ON CASES
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PRESENTATION TO THE PORTFOLIO COMMITTEE ON CASES HANDLED BY THE PSC FOR THE PERIOD 20232024 FY AND Q1 TO Q2 OF THE 20242025 FY 19 MARCH 2025 PRESENTER: MS FAITH MASHIKINYA CHIEF DIRECTOR: PUBLIC ADMINISTRATION INVESTIGATIONS Background
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PRESENTATION TO THE PORTFOLIO COMMITTEE ON CASES HANDLED BY THE PSC FOR THE PERIOD 2023/2024 FY AND Q1 TO Q2 OF THE 2024/2025 FY 19 MARCH 2025 PRESENTER: MS FAITH MASHIKINYA
CHIEF DIRECTOR: PUBLIC ADMINISTRATION INVESTIGATIONS<br>
CHIEF DIRECTOR: PUBLIC ADMINISTRATION INVESTIGATIONS<br>
02
Background
Type of Cases Lodged at the NACH
Statistical Analysis of Complaints 2023/24 FY Overall Performance
Cases of alleged corruption reported to the NACH.
Statistical Analysis of Complaints 2024/25 FY (Q1 – Q3) – Public Administration Investigations
2024/25 APP TARGETS
Progress on Complex Investigations for Q1 – Q3 (2024/25) FY
Current Progress on Complex Investigations
Progress on Early Resolution Investigations for Q1 – Q3 (2024/25) FY
Matters handled as Rapid Response
Impact of investigations conducted by the PSC for the 2023/24 financial year
Capacity Constraints Impacting Investigation 2 PRESENTATION OUTLINE<br>
Type of Cases Lodged at the NACH
Statistical Analysis of Complaints 2023/24 FY Overall Performance
Cases of alleged corruption reported to the NACH.
Statistical Analysis of Complaints 2024/25 FY (Q1 – Q3) – Public Administration Investigations
2024/25 APP TARGETS
Progress on Complex Investigations for Q1 – Q3 (2024/25) FY
Current Progress on Complex Investigations
Progress on Early Resolution Investigations for Q1 – Q3 (2024/25) FY
Matters handled as Rapid Response
Impact of investigations conducted by the PSC for the 2023/24 financial year
Capacity Constraints Impacting Investigation 2 PRESENTATION OUTLINE<br>
03
The Constitutional and Legislative mandate of the PSC includes investigating complaints:-
upon receipt of the complaint (mail, e-mail, walk-in, NACH, etc.)
on own accord (initiative, media)
Rules and Guidelines of the PSC on conducting investigations
The purpose of the Rules is to provide for “a procedure by which complaints may be lodged with the PSC”.
Emanating from the Rules, the PSC has developed Standard Operating Procedures for the Handling of Complaints Lodged with the PSC (SOPs) to ensure uniformity in the manner in which investigations are conducted.
The SOPs provide step-by-step procedures for the handling of complaints, including conducting of investigations, and other issues impacting on investigations.
In instances where delays are experienced with provision of documentation by Departments, the PSC has an option of summonsing any person in terms of section 10 of the PSC Act, 1997 who may be able to provide the information required.
Upon finalization of complaints, reports with findings/directions/ recommendations/ advice are forwarded to EAs 3 BACKGROUND<br>
upon receipt of the complaint (mail, e-mail, walk-in, NACH, etc.)
on own accord (initiative, media)
Rules and Guidelines of the PSC on conducting investigations
The purpose of the Rules is to provide for “a procedure by which complaints may be lodged with the PSC”.
Emanating from the Rules, the PSC has developed Standard Operating Procedures for the Handling of Complaints Lodged with the PSC (SOPs) to ensure uniformity in the manner in which investigations are conducted.
The SOPs provide step-by-step procedures for the handling of complaints, including conducting of investigations, and other issues impacting on investigations.
In instances where delays are experienced with provision of documentation by Departments, the PSC has an option of summonsing any person in terms of section 10 of the PSC Act, 1997 who may be able to provide the information required.
Upon finalization of complaints, reports with findings/directions/ recommendations/ advice are forwarded to EAs 3 BACKGROUND<br>
04
1551 case reports were generated from the NACH during the 2023/2024 financial year.
All these cases were assessed and referred to departments and other Law Enforcement Agencies within seven (7) working days for investigation and feedback to the PSC.
The complaints related to appointment and procurement irregularities were investigated by the PSC.
The 1551 reports showed that a slight decrease in cases reported when compared to the preceding year where 1563 case reports were generated. 4 CASES OF ALLEGED CORRUPTION REPORTED TO THE NACH IN 2023/2024 FY<br>
All these cases were assessed and referred to departments and other Law Enforcement Agencies within seven (7) working days for investigation and feedback to the PSC.
The complaints related to appointment and procurement irregularities were investigated by the PSC.
The 1551 reports showed that a slight decrease in cases reported when compared to the preceding year where 1563 case reports were generated. 4 CASES OF ALLEGED CORRUPTION REPORTED TO THE NACH IN 2023/2024 FY<br>
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CASES OF ALLEGED CORRUPTION REPORTED TO THE NACH IN 2024/2025 FY<br>
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CASES OF ALLEGED CORRUPTION REPORTED TO THE NACH IN 2023/2024 FY<br>
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TYPES OF CASES REPORTED TO THE NACH IN 2023/2024 FY<br>
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OUTCOME ON NACH CASES INVESTIGATED BY DEPARTMENTS<br>
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In 2023/24 FY, a total of 506 complaints were handled. This comprises 369 for 2023/24 and 137 carried over complaints from previous financial years.
From the 506 a total of 400 were finalised and 106 carried over to the 2024/25 FY.
The overall achievement was 79%. 9 STATISTICAL ANALYSIS OF COMPLAINTS LODGED IN FY2023/24<br>
From the 506 a total of 400 were finalised and 106 carried over to the 2024/25 FY.
The overall achievement was 79%. 9 STATISTICAL ANALYSIS OF COMPLAINTS LODGED IN FY2023/24<br>
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10 2023/24 FINANCIAL YEAR – PUBLIC ADMINISTRATION INVESTIGATIONS In the 2023/24 FY, a total of 369 complaints were reported. From the 369 a total of 285 were finalized and 84 in progress.<br>
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STATISTICAL ANALYSIS OF COMPLAINTS LODGED IN FY2023/24 11<br>
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The APP target for the 2023/24 FY was 85% investigations finalised within 90 working days upon receipt of a valid complaint by an Investigating Officer.
A total of 369 complaints were reported during the period 1 April 2023 – 31 March 2024.
Of the 369 complaints,305 (80%) were finalised of which 241 were finalised within 90 working days (79%).
64 complaints were still on going as the 90 working days has not yet lapsed.
Actual Achievement – 79% 12 STATISTICAL ANALYSIS OF COMPLAINTS & FINALISATION RATE FY 2023/24<br>
A total of 369 complaints were reported during the period 1 April 2023 – 31 March 2024.
Of the 369 complaints,305 (80%) were finalised of which 241 were finalised within 90 working days (79%).
64 complaints were still on going as the 90 working days has not yet lapsed.
Actual Achievement – 79% 12 STATISTICAL ANALYSIS OF COMPLAINTS & FINALISATION RATE FY 2023/24<br>
13
The 2024/25 F/Y APP target was revised for the PSC to deal with complaints more effectively.
Complaints were categorised as Complex and Early Resolution Investigations.
Two separate APP targets were approved to define the type of investigations with their specific time frames for finalisation.
75 % of complex complaints finalised within twelve months upon receipt of a valid complaint by an investigating officer
80 % of early resolution complaints finalised within six months upon receipt of a valid complaint by an investigating officer 13 2024/25 APP TARGETS<br>
Complaints were categorised as Complex and Early Resolution Investigations.
Two separate APP targets were approved to define the type of investigations with their specific time frames for finalisation.
75 % of complex complaints finalised within twelve months upon receipt of a valid complaint by an investigating officer
80 % of early resolution complaints finalised within six months upon receipt of a valid complaint by an investigating officer 13 2024/25 APP TARGETS<br>
14
In terms of Early Resolution investigations, the APP target achievement as at 31 December 2024 is 63%. 14 PROGRESS ON EARLY RESOLUTION INVESTIGATIONS FOR Q1 – Q3 FOR 2024/25 FY<br>
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In addition to complex and Early Resolutions complaints the PSC also dealt with complaints as Rapid Response
Rapid Response complaints are those that need urgent intervention to enhance service delivery and to assist the public in matters were delays would have a negative impact.
Below are examples of complaints handled as Rapid Response and the positive impact thereof. 15 MATTERS HANDLED AS EARLY RESOLUTIONS & RAPID RESPONSE<br>
Rapid Response complaints are those that need urgent intervention to enhance service delivery and to assist the public in matters were delays would have a negative impact.
Below are examples of complaints handled as Rapid Response and the positive impact thereof. 15 MATTERS HANDLED AS EARLY RESOLUTIONS & RAPID RESPONSE<br>
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16 RAPID RESPONSE INVESTIGATIONS / INTERVENTIONS<br>
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17 STATISTICAL ANALYSIS OF COMPLAINTS LODGED IN FY 2024/25- Q1-Q3 For the period 1 April 2024 to 31 December 2024, the PSC handled a total of 275 complaints at the National and Provincial Level. From the 275 complaints received, 37 were received through the NACH system and the remaining 238 complaints were reported through other means such as Intake Unit, e-mails, post, walk-ins and social media. As at 31 December 2024, 150 (55%) complaints were closed and 125 (45%) were in progress.<br>
18
As at 30 December 2024, 90 complex investigations were conducted, 25 were finalised and 65 in progress.
The achieved APP target was 27%. 18 PROGRESS ON COMPLEX INVESTIGATIONS FOR Q1 – Q3 FOR 2024/25 FY<br>
The achieved APP target was 27%. 18 PROGRESS ON COMPLEX INVESTIGATIONS FOR Q1 – Q3 FOR 2024/25 FY<br>
19
As at 28 February 2025, a total of 106 complex investigations were conducted and 35 finalised (33% in terms of the APP target.)
From the remaining 71 a total of 12 are in the final approval stage and will be finalised by 30 March 2025.
All 47 complex investigations were finalised within the APP time frame of 12 months.
The outstanding 59 complaints in progress are within their 12 months life span and will run into the next financial year.
Considering all complaints were reported in the 2024/25 FY the 12 months expiry date will be in the 2025/26 FY therefore the APP Target achieved will be 100%. 19 CURRENT PROGRESS ON COMPLEX INVESTIGATIONS<br>
From the remaining 71 a total of 12 are in the final approval stage and will be finalised by 30 March 2025.
All 47 complex investigations were finalised within the APP time frame of 12 months.
The outstanding 59 complaints in progress are within their 12 months life span and will run into the next financial year.
Considering all complaints were reported in the 2024/25 FY the 12 months expiry date will be in the 2025/26 FY therefore the APP Target achieved will be 100%. 19 CURRENT PROGRESS ON COMPLEX INVESTIGATIONS<br>
20
The intervention of the PSC and the proposed corrective measures are crucial to the promotion of good governance in public administration. In instances where allegations were found to be substantiated, the PSC issued recommendations, advice or guidance to EA’s to take action in the areas identified. These recommendations mostly relate to the institution of disciplinary action or that EA’s should approach the court to correct irregular appointments. In some instances, departments were advised to raise awareness among employees about the importance of compliance with prescripts regulating appointments in the Public Service.
The PSC noted that its investigations yielded positive results on improving good governance and accountability in the Public Service. In issuing recommendations, the PSC encouraged departments to maintain the principles conferred in section 195(1) of the Constitution. The Constitutional Values and Principles indicate the type of public administration that South Africans can aspire to have. They define, beyond meritocracy, the nature of a South African public servant who will not only embrace the values and principles, but live according to them in executing his/her duties. It is prudent to ensure that every public servant is aware of the link between his/her attitude, conduct and the need to embrace the values and principles articulated in the Constitution in their daily tasks. 20 Impact of investigations conducted by the PSC for the 2023/24 financial year<br>
The PSC noted that its investigations yielded positive results on improving good governance and accountability in the Public Service. In issuing recommendations, the PSC encouraged departments to maintain the principles conferred in section 195(1) of the Constitution. The Constitutional Values and Principles indicate the type of public administration that South Africans can aspire to have. They define, beyond meritocracy, the nature of a South African public servant who will not only embrace the values and principles, but live according to them in executing his/her duties. It is prudent to ensure that every public servant is aware of the link between his/her attitude, conduct and the need to embrace the values and principles articulated in the Constitution in their daily tasks. 20 Impact of investigations conducted by the PSC for the 2023/24 financial year<br>
21
The PSC made the following impact as a result of Rapid Response interventions. 21 PSC INTERVENTIONS/ IMPACT<br>
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The target of 85% was not reached mainly because of capacity constraints as a result of cost containment measures-affecting the filling of posts.
A number of key investigation posts are currently vacant, and this adversely affect the expeditious finalisalisation of complaints
The Office has reviewed the timeframe for complex investigation from 6 to 12 months.
There is an urgent need to fil the vacant posts. 22 CAPACITY CONSTRAINTS IMPACTING INVESTIGATION OF COMPLAINTS<br>
A number of key investigation posts are currently vacant, and this adversely affect the expeditious finalisalisation of complaints
The Office has reviewed the timeframe for complex investigation from 6 to 12 months.
There is an urgent need to fil the vacant posts. 22 CAPACITY CONSTRAINTS IMPACTING INVESTIGATION OF COMPLAINTS<br>
23
23 PSC INTERVENTIONS/IMPACT Cont.<br>
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PSC made the following recommendations in line with the findings of the conducted investigations:
Corrective action against implicated employees.
That EAs rectify irregular appointments in accordance with the law.
Ongoing training in SCM and recruitment and selection processes.
Systemic deficiencies interventions like policy enhancement.
Other service delivery intervention:
Several complainants were assisted in obtaining outstanding pension pay-outs from the Government Employment Pension Fund.
Matriculants with no identity documents were assisted to obtain their identity documents. 24 RECOMMENDATIONS MADE<br>
Corrective action against implicated employees.
That EAs rectify irregular appointments in accordance with the law.
Ongoing training in SCM and recruitment and selection processes.
Systemic deficiencies interventions like policy enhancement.
Other service delivery intervention:
Several complainants were assisted in obtaining outstanding pension pay-outs from the Government Employment Pension Fund.
Matriculants with no identity documents were assisted to obtain their identity documents. 24 RECOMMENDATIONS MADE<br>
25
Corruption and maladministration will impede the realization of capable, ethical and developmental state.
The Constitution demands that public service must be accountable..
Ethics awareness and anti-corruption workshops should continue to be a permanent strategic intervention in the fight against corruption.
The NACH remains a key facility in combating corruption in the public service and all members of the public are encouraged to report corruption occurring the Public Service 25 KEY MESSAGES<br>
The Constitution demands that public service must be accountable..
Ethics awareness and anti-corruption workshops should continue to be a permanent strategic intervention in the fight against corruption.
The NACH remains a key facility in combating corruption in the public service and all members of the public are encouraged to report corruption occurring the Public Service 25 KEY MESSAGES<br>
26
The PSC noted the negative impact made on the conducting of investigations by cost containment measures:
filling of vacant critical posts
travelling to conduct investigations.
The PSC would continue to investigate and also provide support to teams that are investigating in departments as a way of contribute towards fighting corruption 26 CONCLUSION<br>
filling of vacant critical posts
travelling to conduct investigations.
The PSC would continue to investigate and also provide support to teams that are investigating in departments as a way of contribute towards fighting corruption 26 CONCLUSION<br>