presentation to portfolio committee: evaluation of the national anti-corruption hotline

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PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI- CORRUPTION HOTLINE DATE : 13 JUNE 2007

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PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE DATE : 13 JUNE 2007. 1.INTRODUCTION. 1.1.BACKGROUND - PowerPoint PPT Presentation

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Page 1: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

PRESENTATION TO PORTFOLIO COMMITTEE:

EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

DATE : 13 JUNE 2007

Page 2: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

1. INTRODUCTION

1.1. BACKGROUND One of the key obstacles faced in the fight against

corruption in the Public Service is the fact that public servants are often too intimidated to speak out or “blow the whistle” on corrupt and unlawful activities.

One of the mechanisms used world-wide to provide whistleblowers with access to report corruption are “Corruption Hotlines”.

On 14 August 2003 Cabinet approved (Cabinet Memorandum 45 of August 2003) the establishment of one National Hotline for the Public Service, and requested the Public Service Commission (PSC) to manage the Hotline.

The PSC has a very specific mandate in relation to ethics and corruption in the Public Service as set out in the Constitution, 1996. In terms of sections 195 of the Constitution the PSC is mandated to-

Page 3: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

195 (4)(a) promote a high standard of professional ethics in the Public Service.

196(4)(b) investigate, monitor and evaluate the organisation and administration, and the personnel practices, of the public service; and

196(4)(f)(i) investigate and evaluate the application of personnel and public administration practices, and to report to the relevant executing authority and legislature.

The objectives of the NACH are to:

deter potential corruption by making all employees and other stakeholders aware that the Public Service is not a “soft target” and raise the level of awareness that the Public Service is serious about corruption;

Page 4: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

OBJECTIVES (CONT)

detect incidents of corruption through encouraging whistle blowers to report incidents which they witness occurring in the Public Service;

ensure the successful investigation of alleged corruption and to provide feedback to whistle-blowers;

assist the Public Service in identifying areas of corruption risk in order that preventative and detective control measures can be appropriately improved or developed;

raise awareness that Government takes corruption seriously; and enable callers to report corruption anonymously thus encouraging

whistle- blowing.

The PSC believes the timing appropriate to reflect on the effectiveness of the NACH after 2 years of operation.

Page 5: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

1.2 OBJECTIVES WITH THIS EVALUATION OF THE NACH

The PSC through this evaluation therefore seeks to:

Provide a statistical overview of cases submitted to the Hotline from 01 September 2004 to 30 November 2006.

Identify trends emerging from the cases reported on the Hotline from 01 September 2004 to 30 November 2006.

Identify problems and discuss emerging challenges in managing the Hotline.

Raise the level of awareness to intensify the fight against corruption.

Further assist the Departments in identifying areas of fraud risk in order that preventative and detective control measures can appropriately be developed or improved.

Provide recommendations on the effective management of the cases referred to departments.

Identify areas for improvement of the Hotline improved.

Page 6: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

1.3 METHODOLOGY

The PSC conducted an evaluation of all information available from the PSC call centre, PSC database (Case Management System) and through NACH workshops conducted at National and Provincial level with senior managers and investigators who are in involved in managing Hotline cases in their respective departments.

In conducting the evaluation of data at its disposal, the PSC specifically considered the following:

Number of cases of corruption logged on the NACH Manner in which corruption was reported.

Page 7: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

METHODOLOGY (CONT)

Rate of feedback The conclusion of investigations The nature of cases reported to the Hotline. Challenges experienced in managing the hotline. Based on the PSC’s management of the hotline.

Page 8: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

2. FUNCTIONING OF THE HOTLINE

2.1 REPORTING ALLEGED CORRUPTION TO THE NACH

The NACH is operational 24 hours and seven days a week and caters for all eleven languages. Various methods of reporting alleged corruption are available. This includes telephone, fax, e-mail, normal post, or personal visits to any of the offices of the PSC. The following contact details are applicable:

Telephone, using the 0800 701 701 toll free number. Fax, using the 0800 204 965 toll free number. Post, by sending information to: Freepost, Kwa-Zulu Natal

582, Umhlanga Rocks 4320. E-mail at [email protected].

Page 9: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

FUNCTIONING (CONT)

2.2 CASE MANAGEMENT SYSTEM

The information is captured on the Case Management System (CMS).

This information allows the PSC to evaluate allegations the functioning of the Hotline as well as to establish trends.

2.3 CASE REFERRALS

The PSC refers cases to departments with a covering letter addressed to the respective Directors-General in line with the protocols as agreed with provinces and departments.

Page 10: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

FUNCTIONING (CONT)

2.4 FEEDBACK TO THE CASE MANAGEMENT SYSTEM OF THE PSC

Departments must provide feedback on progress with investigations within 40 days of the date of referral. Such progress refers to milestones reached in the investigation for purposes of providing feedback to the caller (s).

The PSC through its CMS maintains a complete data-base of the status of cases. Outstanding feedback on cases is followed up on a regular basis by the PSC through reminders to departments.

Page 11: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

FUNCTIONING (CONT)

2.5 ANALYSIS OF FEEDBACK

Once the PSC receives feedback it critically evaluates the information provided by the departments to determine:

Whether the allegation has been adequately investigated and could therefore be closed on the case management system. In conducting this evaluation the PSC determines whether it agrees with the findings of the investigation based on an analysis of the feedback provided by the department. The PSC uses its expertise in the field of public administration to determine whether departments’ interpretation of rules, regulations and laws is correct and whether there are not factual gaps in the findings of departments that should be addressed.

Whether the information provided by the department is adequate for the PSC to take an informed decision and whether additional documentation or information are required.

The nature of the feedback to be captured on the case management system.

Page 12: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

FUNCTIONING (CONT)

2.6 CLOSURE OF CASES

Once the PSC is satisfied that a case has been investigated to its satisfaction and that the outcome complies with the rules, regulations and laws governing public administration, it approves the feedback that should be captured on the Hotline.

If the PSC is satisfied that no further feedback would be necessary on a specific case it authorizes the closure of the case on the CMS.

The department involved is informed that the case is considered finalized and that it has been closed on the CMS. The closure of the case on the CMS does not mean that the information on the case will be removed from the CMS as feedback still has to be provided to the caller.

Page 13: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

FUNCTIONING (CONT)

2.7 FEEDBACK TO CALLERS Once feedback on individual cases reported to the NACH is

obtained from departments and the PSC has conducted its evaluation of the feedback, the feedback is then captured on the CMS.

Persons who reported the alleged corruption can obtain feedback by phoning the Hotline and by quoting the unique case reference number that was given to them when they first reported the alleged corruption to the Hotline.

Page 14: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

3. STASTICAL OVERVIEW

3.1 MANNER IN WHICH CORRUPTION IS REPORTED TO THE NACH

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STATISTICAL OVERVIEW (CONT)

The preferred method of reporting is through anonymous disclosures. A possible reason why whistle-blowers prefer anonymous disclosures is that public servants may be too intimidated to speak out or "blow the whistle" on corrupt and unlawful activities, despite the protection provided to them through the Protected Disclosures Act, 2007.

The disadvantage with anonymous callers is that vital information or evidence, if not supplied in the first instance on the alleged corruption, is difficult to obtain as callers cannot be traced for follow-up purposes.

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STATISTICAL OVERVIEW (CONT)

3.2 LANGUAGES USED BY WHISTLEBLOWERS IN REPORTING CORRUPTION TO THE NACH

Page 17: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

STATISTICAL OVERVIEW (CONT)

The majority of people preferred to report corruption using English.

Callers to the Hotline have the advantage that they can communicate whatever information that they have to share in their home language.

This gives true meaning to accessibility and promotes participation.

3.3 OVERALL STATISTICS A total of 4182 cases of alleged corruption reported to the NACH

during the period 01 September 2004 to 30 November 2006 was logged on the CMS.

After an evaluation of the cases, the PSC found that only 2296 related to corruption.

A breakdown of the different types of cases as registered on the CMS is illustrated in table 1 below:

Page 18: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

STATISTICAL OVERVIEW (CONT)

Page 19: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

STATISTICAL OVERVIEW (CONT)

Out of the 4182 cases logged on the CMS, the NACH also received one thousand 1105 cases of service delivery related matters. This places unnecessary strain on the Hotline.

However, attempts are being made to refer callers reporting service delivery cases to appropriate institutions / call centers. This is done by operators at the call centre.

A further 507 cases were closed on the case management system due to a lack of detail or allegations being regarded as frivolous.

Frivolous cases are cases in which a critical factual gap exists, rendering the likelihood of a successful conclusion unlikely, doubtful or impossible (e.g. no or inadequate description of person (s) involved).

One hundred and sixty six cases related to private sector matters which could not be addressed within the context of the Public Service and were closed on the Case Management System.

Page 20: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

STATISTICAL OVERVIEW (CONT)

Nature of call Number received

Abusive calls 878

Advice 320

Children playing 3002

Dropped calls 3124

Enquiries 9083

Fax line 110

Wrong numbers 4109

Unnecessary request for feedback 56

Total 20682

Page 21: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

STATISTICAL OVERVIEW (CONT)

Note: Abusive calls: Refers to calls where people use foul and insulting language.

Children playing: Refers to children playing on the phone “mainly during school holidays”.

Dropped calls: Refers to calls where people decided to terminate a call for no apparent reason.

Enquiries: Refers to calls where people make enquiries about matters not linked to corruption.

Fax line: Refers to irrelevant faxes received through fax hotline.

Unnecessary request for feedback: Refers to calls where people requested feedback without having the case reference number.

Page 22: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

STATISTICAL OVERVIEW (CONT)

The NACH received a huge number (20682) of calls not relevant to the reporting of corruption. This is problematic to the functioning of the NACH as it affects service delivery and effective management of the NACH.

This disadvantage needs to be balanced against the need for free access to report corruption by concerned citizens.

Page 23: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

STATISTICAL OVERVIEW (CONT)

Allegations of corruption received by the NACH have risen gradually since the inception of the NACH. When the Hotline started in September 2004, one hundred and thirty six cases (136) were recorded.

On average, 82 call reports are received per month. Overall however, most calls have been received during 2006 with November 2006 achieving the highest number, namely 158.

This shows a positive trend in the uptake of the Hotline.

Page 24: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

FEEDBACK

FEEDBACK AND PROGRESS NUMBER

•Feedback received•Matters closed after investigation•Matters closed due to lack of detail•Cases of no substance •Disciplinary action taken•Suspension as a precautionary measure pending investigation•Cases still pending

83014253522017

2160

Page 25: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

FEEDBACK (CONT)

Feedback received constitutes a response rate of 36%. This percentage reflects negatively on departments’ capacity and ability to investigate cases and to provide feedback to callers. Certain departments have not submitted any feedback at all.

One hundred and forty two (142) cases were properly closed on the case management system by 30 November 2006 after an investigation had been concluded by the relevant Departments. This represents only 6% of cases reported to the NACH.

Twenty (20) officials were dismissed after disciplinary action had been taken following the investigation of cases reported to the Hotline. A further (17) officials have been suspended pending misconduct proceedings related to alleged corruption. This amounts to 26% of cases that were successfully investigated.

Page 26: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

FEEDBACK (CONT)

3.5 CASES REFERRED TO DEPARTMENTS AT NATIONAL AND PROVINCIAL LEVEL AND FEEDBACK RECEIVED

Page 27: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

FEEDBACK (CONT)

Gauteng Province has the highest number of cases of alleged corruption reported via the NACH, followed by Eastern Cape, KwaZulu-Natal and Mpumalanga.

Despite receiving the most cases of alleged corruption, Gauteng has only submitted feedback in respect of forty seven (47) cases (7% of the total number of cases referred).

Furthermore, only sixteen (16) responses have been received from the KwaZulu-Natal Province.

The poor responses received from Gauteng Province and KwaZulu-Natal Province are cause for concern.

The underlying reasons for such poor response rates are not clear but it does appear as if the protocols established for case referrals and feedback within these Provinces may not be working well.

However, procedural inefficiencies are not an acceptable excuse for not giving due attention to something as important as dealing effectively with corruption.

Page 28: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

4. TREND ANALYSIS WITH RESPECT TO THE NATURE OF CASES REPORTED TO THE NACH

4.1 OVERVIEW OF THE NATURE OF CASES REPORTED

Nature of casesDescription of allegations

Abuse of government owned vehicles Officials using Government-owned vehicles without permission or for private purposes. Officials driving Government-owned vehicles recklessly and at high speed.Theft of petrol from Government-owned vehicles.

Procurement irregularities Officials awarding government tenders without following policies and procedures.Officials disclosing classified information to contractors or service providers.Tenders awarded to friends and family members.

Mismanagement of school funds by certain teachers and school principals

Financial statements that are not audited.Receipts not issued for school fees received.Lack of proper bookkeeping.Signing of blank cheques by school principals. No proper management of school funds and depositing of funds into certain school principals’ accounts.Teachers getting salaries (ghost workers) from Education Departments although they are not employed at schools.

Page 29: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

TREND ANALYSIS (CONT)

Corruption involving RDP housing by certain Councilors and municipal officials

Bricks and equipment meant for building RDP Houses are used to erect houses of certain councilors and municipal officials for personal benefit and some are stolen by members of the community.

Certain municipal officials and Councillors are allegedly selling or renting RDP houses out to members of the public for personal benefit.

RDP houses used as taverns and occupied by illegal immigrants. RDP housing projects not being completed. Housing officials are paid bribes to ignore the use of inferior materials in the construction of

RDP houses.

Theft of government equipment Certain teachers steaIing government furniture at schools. Officials stealing government computers. Nurses stealing medicines at hospitals.

Nepotism and irregular appointments Appointments of persons without following policies and correct procedures. Appointments of friends and family members to positions.

Driver's license fraud Officials demanding bribes in order to issue illegal driver’s licenses and roadworthy certificates.

Social grant fraud Submission of false information by members of the public in order to qualify for a pension, child or disability grant.

Creation of “ghost” social grant beneficiaries by officials for personal benefit. Beneficiaries fraudulently receiving child grants on behalf of non existing children through

obtaining fraudulent ID’s from Home Affairs. Fraudulent receipt of child grants on behalf of deceased children. Fraudulent receipt of child grants for a child whose father is paying maintenance. A person fully recovered from illness and able to work but still accessing disability grants. A person assisted by a doctor to receive disability grants. Beneficiary is employed, or spouse or both are employed. Forged papers and receiving benefits for children not staying with the beneficiary. Obtaining clinic cards or birth certificates fraudulently in order to qualify for a grant. A person who does not qualify to receive grants but was assisted by court officials or social

workers to obtain documents to access grants.

Page 30: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

TREND ANALYSIS (CONT)

4.2 OVERALL TREND ANALYSIS OF ALL CASES REPORTED TO THE NACH

328

234 233

193175 175

135 134 129 122 121

101

72 71 70

26 197 5

0

50

100

150

200

250

300

350

Page 31: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

TREND ANALYSIS (CONT)

A total of three hundred and twenty eight (328) cases of alleged unethical behaviour by public servants relating to issues such as non-adherence to official working hours were reported.

It appears that public servants may not have been adequately informed of the requirements of the Code of Conduct for the Public Service and that departments are promoting professional ethics adequately.

Alleged procurement irregularities were also frequently reported. The total of two hundred and thirty four (234) cases reported points to risks associated with the area of supply chain management.

The abuse of Government-owned vehicles was also given a high prominence with two hundred and thirty three (233) cases being reported.

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TREND ANALYSIS (CONT)

Despite the fact the Department of Social Development has its own Social Grant Fraud Hotline a total of one hundred and ninety three (193) cases were reported to the NACH. Most of these cases involve pension, disability and child grant fraud committed by members of the public as well as public officials.

Alleged fraud related to passports, death, birth and marriage certificates were also frequently reported. A total of one hundred and seventy five (175) cases of alleged identity document fraud as well as fraud related to passports, death, birth and marriage certificates was reported.

The effectiveness of the fraud prevention plan of Department of Home Affairs in addressing these risks and its internal capacity and expertise to manage such risks must be a cause of concern.

Page 33: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

TREND ANALYSIS (CONT)

4.3 ANALYSIS OF CASES OF ALLEGED CORRUPTION REPORTED IN RESPECT OF PROVINCIAL DEPARTMENTS

168

159

129121

115

98

85

7570

51 50

26

18

8

0

20

40

60

80

100

120

140

160

180

Page 34: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

TREND ANALYSIS (CONT)

At provincial level, the alleged abuse of government owned vehicles has the highest frequency of all cases reported.

The high number may be because the drivers of such vehicles are in the public eye at all times and.

It has also been observed that the hotline number has been displayed visually on some Government owned vehicles.

As parents have a very close relationship with the schools that their children attend. It is therefore not surprising that one hundred and twenty one (121) cases of alleged corruption relating to the mismanagement of school funds by certain principals and teachers were reported.

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TREND ANALYSIS (CONT)

4.4 ANALYSIS OF CASES OF ALLEGED CORRUPTION REPORTED IN RESPECT OF NATIONAL DEPARTMENTS

193

175

161

10095

65

5446 45

35

24 2114 11 10 7

0

20

40

60

80

100

120

140

160

180

200

Page 36: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

TREND ANALYSIS (CONT)

In comparison to provincial departments more public servants were reported at National level in respect of the soliciting of bribes. As the bulk of service delivery happens at provincial government level where service providers are more frequently contacted, this trend raises questions.

A possible reason could be that service providers for national departments apply closer attention to their own codes of ethics and therefore may be more

inclined to report corrupt behaviour by public servants.

Page 37: PRESENTATION TO PORTFOLIO COMMITTEE: EVALUATION OF THE NATIONAL ANTI-CORRUPTION HOTLINE

5. MANAGING THE HOTLINE

The successful functioning of the Hotline is contingent on a number of factors. Some of these are within the PSC’s ability to control and directly influence whilst others are largely dependent on the activities of departments in relation to Hotline referrals.

The PSC through its day to day management of the Hotline has observed a number of issues that impact both positively and negatively on the functioning of the Hotline.

This section examines good practice as well as challenges that have emerged from the management of NACH and as such comments on the effectiveness of the Hotline.

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MANAGING THE HOTLINE (CONT)

5.1 THE CALL CENTER

5.1.1 Good reaction time from the call center The call center is extremely efficient in logging case reports

on the case management system. From when a call is logged to when the case appears on the case management system, following quality control procedures at the call center, takes on average less than 24 hours.

Urgent cases such as tip-offs of theft and threats to human life are dealt with immediately. The call center contacts the responsible officials at the PSC immediately who in turn alerts the relevant authorities.

Such urgent referrals have already resulted in the arrests of perpetrators caught in the act.

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MANAGING THE HOTLINE (CONT)

5.1.2 Duplication of cases and reference numbers The investigation and following up on cases reported

to the Hotline was initially complicated by the fact that the CMS duplicated cases as well as reference numbers. This occurred when a person phoned twice on the same matter or after a caller had sent additional information via the fax line.

This is, however, identified by the PSC on the CMS and the additional information is appropriately referenced against the original call received. As a result departments are no longer provided with different reference numbers on the same case.

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MANAGING THE HOTLINE (CONT)

5.1.3 Cases on service delivery being reported to the hotline

Such calls in fact constitute 34% of all cases logged on the CMS. This places unnecessary strain on the Hotline and the PSC.

In addition the PSC, given its mandate, cannot simply ignore such cases and actively pursue the information received with departments.

Whereas the PSC in the past had to deal with 40 to 60 investigations per annum emanating from the complaints lodged through its Complaints Rules, it has received within the short period of existence of the Hotline an additional 1105 complaints.

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MANAGING THE HOTLINE (CONT)

5.1.4 Phone calls on other non-corruption related matters not captured on the CMS

The Call Center, in addition to corruption and service delivery related cases, received a total of 20682 calls, the bulk of which were non-corruption related enquiries, children playing and dropped calls. There were also a substantial number of abusive calls (878). When the Hotline has to deal with such calls, it denies access to other callers that genuinely want to report corruption.

It also has a financial implication in that government has to pay for such calls received.

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MANAGING THE HOTLINE (CONT)

5.1.5 The call centre must ensure that adequate information is gathered from callers

It is of utmost importance that callers are prompted to provide adequate information that would allow for the effective investigation of allegations.

A checklist to assist operators in prompting callers for relevant information has been provided by the PSC. The PSC is in the process of reviewing the checklist in order to ensure that callers are adequately interrogated by operators at the call center.

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CASE MANAGEMENT

5.2 CASE MANAGEMENT BY THE PSC

5.2.1 Case referrals from the case management center The PSC has established a dedicated unit for the management of

case referrals even though sufficient funding for this has not been provided.

The unit analyses each case that is submitted through the CMS to determine which departments are involved and whether there is sufficient evidence to facilitate an investigation. It then summarises each case and advises the PSC on appropriate action.

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CASE MANAGEMENT (CONT)

5.2.2 Implications of the capacity of the PSC The PSC does not have capacity to investigate any of

the corruption related cases reported to the Hotline. As indicated, its investigative capacity has been designed to address complaints emanating from the application of its Complaints Rules.

Departments must have the capacity to investigate corruption.

If the PSC had additional investigative capacity it could handle a number of sensitive investigations that are not being followed through by Departments. This would contribute significantly to the effectiveness of the Hotline.

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CASE MANAGEMENT (CONT)

Funding for the management of the Hotline was only provided for the outsourcing of the call center. The internal capacity of the PSC to manage case referrals has not been addressed.

Especially within the area of professional ethics, the PSC has had to clamp down on the promotional work that it so successfully performed in the past in order to manage the NACH.

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HANDLING OF CASE REFERRALS

5.3 HANDLING OF CASE REFERRALS BY DEPARTMENTS

5.3.1 Slow feedback from departments on investigation of cases

Departments are submitting feedback on progress with the investigation of cases at a very slow pace. Out of the 2296 cases referred to departments, feedback has only been received on the status of 830 cases.

This raises questions amongst the public about the effectiveness of the Hotline.

The fact that only 6% of cases have been closed on the CMS further reflects very negatively on departmental investigative capacity which must be established in terms of the minimum anti-corruption requirements set by Cabinet.

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HANDLING OF CASE REFERRALS (CONT)

5.3.2 Referral protocols are ineffective During Hotline workshops in certain provinces, it has emerged

that the submission of case reports via the Offices of Directors-General (Premiers’ Offices) creates bottlenecks and causes delays in the provision of such reports to departments.

Whilst the PSC does everything in its ability to refer cases as speedily as possible, the handling of such referrals by Premiers’ Offices causes a delay before the departments or institutions that should be dealing with the relevant cases actually deals with them.

Provinces such as the Eastern Cape, Western Cape and Mpumalanga have achieved comparatively high rates of feedback despite having the same referral protocols as other provinces.

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HANDLING OF CASE REFERRALS (CONT)

At national level, however, it is apparent that the response rate has been the highest from two institutions that must have investigative capacity to execute their mandates, namely the Independent Complaints Directorate and the National Prosecuting Authorities. In the majority of other departments, the response rate has been very poor.

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HANDLING OF CASE REFERRALS (CONT)

5.3.3 Investigative capacity appears to be limited However, the rate of feedback and the closure of cases on

the CMS are not the only indicators against which the PSC measures the investigative capacity of departments.

On numerous occasions cases are referred back to departments for further investigation as critical issues related to such cases have not been adequately addressed. This points to inadequate skills within departments to conduct thorough investigations.

There are departments that provide very comprehensive feedback on cases and professional investigation reports.

The PSC has developed a National Anti-Corruption Hotline Toolkit in order to help Departments in the management of Hotline cases.

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MARKETING OF THE HOTLINE

5.4 MARKETING OF THE HOTLINE Given that the NACH is a relatively new initiative and

given that the PSC’s internal capacity to manage the Hotline is limited, it has deliberately not embarked on a wide-spread campaign to market the Hotline. Current teething problems experienced with the management of the Hotline, especially at departmental level, suggest that this was a wise approach.

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RESULTS OF THE HOTLINE

5.5 RESULTS OF THE HOTLINE The Hotline has already achieved tangible results. In the

province of Limpopo a total of 20 officials have already been dismissed as a result of corrupt practices committed by them which were reported through the Hotline. A further 17 officials throughout the Public Service have been placed on suspension pending disciplinary enquiries.

Apart from these visible results the Hotline has also served to create awareness amongst public servants regarding corruption.

The awareness created serves two important purposes. First of all it provides public servants with information on how to report corruption and secondly it deters those intending to commit corruption from doing so out of fear of being exposed.

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6. RECOMMENDATIONS

6.1 APPLICATION OF THE PRINCIPLES CONTAINED IN THE NACH TOOLKIT

In order to assist departments with the effective management of Hotline case referrals, the PSC has deemed it appropriate to develop a NACH Toolkit which was printed and distributed during 2006. The functioning of the Hotline will be improved if departments apply the principles contained in the Toolkit.

6.2 IMPROVING THE MANAGEMENT OF THE CALL CENTRE

The service provider will be required to be analytical in the manner that callers are able to disclose all the necessary details or evidence pertaining to alleged corruption. This will ensure that sufficient information is obtained from callers and that only corruption related calls are logged.

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RECOMMENDATIONS (CONT)

6.3 EXISTING PROTOCOLS Provinces that are experiencing bottle-necks as a

result of their referral protocols. They must review these protocols to determine

whether direct referral to provincial departments may not be more effective. The Offices of Premiers can maintain oversight by requiring provincial departments to provide updates on cases referred to them for

investigation.

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RECOMMENDATION (CONT)

6.4 BOLSTERING INVESTIGATIVE CAPACITY WITHIN DEPARTMENTS

Departments are obliged through the Minimum Anti-Corruption Capacity Requirements issued by Cabinet to create investigative capacity. As such departments must either reprioritise within their existing budgetary allocations to bolster such capacity or seek additional funding from the National or Provincial Treasuries.

The Anti-Corruption Coordinating Committee should identify service providers that can offer appropriate training to investigators and this information must be provided to departments.

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RECOMMENDATIONS (CONT)

6.5 CREATING INVESTIGATIVE CAPACITY IN THE PSC

There are certain urgent cases reported on the Hotline which the PSC could deal with but it does not have sufficient investigative capacity to do so.

Should additional investigative capacity be created in the PSC to investigate cases lodged on the NACH, this will be for sensitive cases that are not being handled by Departments.

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RECOMMENDATION (CONT)

6.6 MARKETING OF THE HOTLINE The PSC will actively embark on a marketing

campaign to promote greater awareness of the existence of the Hotline among government employees and the public.

The PSC will ensure that the purpose of the Hotline is adequately addressed so that there is a clear understanding of what corruption entails and how persons should go about reporting it.

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RECOMMENDATION (CONT)

6.7 STRENGTHENING INTERNAL CONTROLS AND MANAGING RISKS

The nature of cases of alleged corruption reported on the Hotline (theft, fraud, bribery, etc.) suggests that internal controls of departments may not be adequate. By identifying the risks associated with specific acts of corruption, departments are enabled to put mechanisms in place to prevent the re-occurrence of such acts.

It is therefore recommended that departments conduct thorough risk assessments to identify areas where internal controls must be strengthened. Through these risk assessments the fraud prevention plans of departments can also be strengthened.

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RECOMMENDATION (CONT)

6.8 MANAGING CONFLICTS OF INTEREST The area of supply chain management is very

susceptible to conflicts of interest occurring between the private interests of public servants and their public responsibilities.

Through the stringent management of conflicts of interest corruption within this area can be addressed to a significant extent.

Executing Authorities should pay closer attention to the financial disclosures of senior managers with the view to identify potential conflicts of interest.

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RECOMMENDATIONS (CONT)

The PSC has also produced a report on the Management of Conflicts of Interest. The report proposes the implementation of a comprehensive framework for the management of conflicts of interest in the Public Service. Should the recommendations in this report be taken forward, it will contribute in a significant way in addressing corruption that emanates from conflicts of interest.

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RECOMMENDATIONS (CONT)

6.9 PROMOTING AWARENESS OF PROFESSIONAL ETHICS

There is clearly much to be done in promoting professional ethics and creating awareness of corruption in the Public Service based on the number of cases of alleged corruption reported to the Hotline.

Departments have a responsibility to ensure that a culture of ethical behavior is created and maintained.

The most important manner of ensuring awareness is by effectively and decisively dealing with corruption. The importance of adequate investigative capacity is therefore again underscored.