DCS ANTI-CORRUPTION STRATEGY

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DCS ANTI-CORRUPTION STRATEGY

• PRESENTATION TO PORTFOLIO COMMITTEE ON
  CORRECTIONAL SERVICES BY DCS
• NOVEMBER 2002

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DCS ANTI-CORRUPTION STRATEGY

• DCS committed to creating culture of Good
  Governance and promoting corruption prevention.
• DCS requires multi-dimensional anti-corruption
  strategy  
• Investigation of allegations of corruption
• Disciplinary action on investigations into
  corruption
• Corruption awareness training amongst all staff
• Management training on corruption prevention
• Building a sustainable investigative capacity
  within DCS.
• Need for coordinated anti-corruption initiatives
  IJS wide

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THREE-PRONGED ANTI-CORRUPTION STRATEGY

• 1. Prevention
• Address management weaknesses
• Identify and manage opportunities for corruption
  and risks
• Code of Conduct
• 2. Investigation
• Jali SIU
• Intelligence support, SAPS, DSO
• Internal Investigative Capacity
• 3. Sanction
• Disciplinary hearings
• Internal external sanction as appropriate
• Review of Disciplinary Code

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1. CORRUPTION PREVENTION

• DCSs anti-corruption strategy has strong
  corruption prevention dimension.
• Management of DCS tasked to ensure through
  appropriate style of management, that space for
  criminal activity corruption within DCS is
  closed down.
• Investigation prosecution of those involved in
  crime corruption will continue vigorously, but
  long-term solution is proactive tight
  management with integrity at its core.
• Training of Management in this regard has begun
  will be intensified.

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AUDIT OF DCS ANTI-CORRUPTION CAPACITY

• DCS has internal capacity which deals with
  Corruption related investigations
• Currently investigations occur both at Head
  Office as well as Provincial Levels
• Most Corruption related cases are referred to and
  dealt at Head Office
• However, there is insufficient capacity to deal
  effectively with the reported cases this is
  currently being reviewed

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AUDIT OF DCS ANTI-CORRUPTION CAPACITY

• Cabinet decision that DCS should be subjected to
  anti-corruption capacity audit under auspices of
  DPSA UNOCDP. DCS is in process of crafting
  terms of reference for audit process, will be
  aiming to ensure that our staff in
  Anti-Corruption Unit are involved in this audit
  process thereby are consciously skilled during
  this process. There is at this stage no clear
  time frame for this, but it should be completed
  by March 2003.

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AUDIT OF DCS ANTI-CORRUPTION CAPACITY

•   2002/3 financial year should see fruition of
  work to establish an investigative capacity
  within DCS that can on a sustainable basis ensure
  that A B Orders are complied with, that
  corruption, gross negligence, crime are
  eradicated from fabric of DCS.

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• PROVINCIAL WORKSHOPS ON CORRUPTION
• Minister embarked on anti-corruption drive
  whereby he went on road shows to all nine
  provinces including Head 0ffice.
• Aim To promote anti-corruption awareness. To
  identify causes of corruption collectively to aid
  in developing Strategies to curb/spread
  precipitation of such incidents.To assure staff
  that only a small minority are responsible for
  corruption, having full confidence in the
  majority of staff ability to carry out their
  responsibilities with diligence, honesty and
  commitment.
• Commitment that corrupt officials will be dealt
  with drastically.

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OUTCOME OF WORKSHOPSA. Management issues
Managers must manage prisons and prisoners issues
without negative influence from pressure groups.
Managers must be managers separate from being
unionists. - Revisit appointment of managers
against skills/ competencies.- Transfer and
re-deploy staff.- Training and development
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b. Improved communication
channels - Restructure relationships between
heads of prison, area managers, provincial
commissioners and head office and address gaps
C. Professionalising corrections/ correctional
officialsd. Creating an organisational culture
of work, caring, respect and excellent service
deliverye. Training and retraining of staff
f. Dealing with relationships between staff and
offenders
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g. Reviewing disciplinary
procedures and systems.h. Human resource
issues- nepotism, favouritism, recruitment and
selection problems - revisit promotion
policy-develop fair and transparent appraisal
system i. Policy issues - policy not
implemented, monitored interpreted
appropriately.
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THREE-PRONGED ANTI-CORRUPTION STRATEGY

• 1. Prevention
• Address management weaknesses
• Identify and manage opportunities for corruption
  and risks
• Code of Conduct
• 2. Investigation
• Jali SIU
• Intelligence support, SAPS, DSO
• Internal Investigative Capacity
• 3. Sanction
• Disciplinary hearings
• Internal external sanction as appropriate
• Review of Disciplinary Code

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HOTLINE

• Existence of DCS Hotline
• Utilisation by both Members and Offenders
• Follow up requires decision as to most
  appropriate form of investigation
• Internal managerial investigation
• Internal anti-corruption investigation
• External investigation

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JALI COMMISSION

• - APPOINTED 8 AUGUST 2001
• Terms of Reference promulgated 27 September 2001
• To Inquire into, to report on, and make
  recommendations re
• 1 (a) Alleged incidents of corruption relating
  to
• (i) Procurement of Goods and Services
• (ii) Recruitment, appointment, promotion and
• dismissals
• (iii) Treatment of prisoners
• (iv) Dishonest practices and illicit
  relationships
• prisoners/employees

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(b) Incidents of non-adherence to
policy(c) Incidents of violence and
intimidation(d) Extent of implementation of
previous recommendations of
investigations.
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JALI COMMISSION Focus on

• Pietermaritzburg
• Durban
• Ncome
• Johannesburg
• Pollsmoor
• Pretoria
• St Albans
• Leeuwkop and
• Grootvlei (added later).

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- Commission commenced in KZN January
2002 - Submitted 2 interim reports May
2002 - Recommended disciplinary proceedings
against 7employees - Commission proceeded to
Grootvlei June/July 2002 - Recommended
disciplinary steps against 22 employees
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SPECIAL INVESTIGATION UNIT

• Minister approached Minister of Justice for an
  investigation
• to be done by SIU into corruption
  mal-administration in DCS
• Terms of Reference of SIUSerious
  mal-administration in
• connection with affairs of Department
• Improper or unlawful conduct by officials of
  Department
• Unlawful appropriation or expenditure of public
  money or property
• Unlawful, irregular or unapproved acquisitive
  act, transaction, measure or practice having a
  bearing upon State property
• Intentional or negligent loss of public money or
  damage to public property
• Corruption in connection with affairs of
  Department or
• Unlawful or improper conduct of any person which
  has caused or may cause serious harm to interests
  of public or any category reof,
• Which has taken place between January 1996 8
  August 2002, to exercise or perform al
  functions powers assigned to or confirmed upon
  Special Investigating Unit by Act

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SIU Schedule of Proclamation

• Procurement of goods services for DCS
  procedures related reto
• Claims by, or on behalf of employees of DCS from
  certain medical aid schemes, any conduct
  procedures related reto any benefits arising re
  from
• Recruitment, appointment, promotion dismissal
  of employees of Department procedures related
  reto
• Use /or misuse of property resources of DCS

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SIU Schedule of Proclamation

• Practices in terms of which employees of DCS
  received any benefits from or employees or
  members of public in connection with execution of
  ir duties or failure to execute ir duties, as
  case may be, or in connection with granting of
  altering of any parole, probation, correctional
  supervision or community service conditions, or
  conditions of incarceration relative to any
  person in care, custody or under control of DCS

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SIU Schedule of Proclamation

• Conduct of any employee of DCS or member of
  public with a view to influencing, hampering or
  impeding any investigation or destruction of
  evidence relating to any investigation involving
  DCS or any of its employees
• Intimidation of employees of DCS or of members of
  public by employees of DCS with a view to
  concealment of corrupt or or unlawful practices
  within DCS
• Alienation of assets of DCS
• Receiving of any benefit or advantage by an
  employee or employees of DCS from another
  employee or employees of DCS or members of public.

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DCS CO-OPERATION WITH SIU

• Investigation is being done through secondment of
  experienced forensic investigators from SIU
  joint DCS/SIU recruitment of staff to fill or
  posts
• Interviewing of staff for ten of these posts was
  undertaken in August jointly by SIU DCS
• Capacity of DCS Anti-Corruption Unit to be built
  during SIU investigation with possibility of
  taking over some of investigators by DCS 
• Funding of employment done through financial
  agreement between DCS and SIU  

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REFERRAL TO SIU

• Variety of issues have been referred to SIU by
  DCS Management
• Issues are being sent to SIU directly by members
  and liaison then taking place between SIU and
  Management
• Issues are being referred to SIU by Jali
  Commission staff
• Results of investigations will be made public as
  appropriate
• Agreement to get quarterly reports

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MEMORANDUM OF AGREEMENT

• Commitment between DCS, Jali and SIU to develop a
  memorandum of agreement on cooperation and modus
  operandi
• This is still in process

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THREE-PRONGED ANTI-CORRUPTION STRATEGY

• 1. Prevention
• Address management weaknesses
• Identify and manage opportunities for corruption
  and risks
• Code of Conduct
• 2. Investigation
• Jali SIU
• Intelligence support, SAPS, DSO
• Internal Investigative Capacity
• 3. Sanction
• Disciplinary hearings
• Internal external sanction as appropriate
• Review of Disciplinary Code

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SANCTION

• Jali Commission Interim report on Westville
• Recommended disciplinary proceedings against 7
  employees
• Hearings commenced 16 Oct 2002 currently in
  progress.
• Charges relate to alleged drug dealing,
  extortion corruption.
• Disciplinary hearings Kwazulu/Natal
• Chairperson Adv T Mqobi ( Dept of Trade and
  Industries)Initiator Mr AD Olivier ( DCS )

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SANCTION

• Jali Commission Interim Report on Grootvlei
• Recommended disciplinary steps against 22
  employees
• Commenced 31 Oct 2002 currently in progress
• Nature corruption, drug trafficing, use of
  alcohol, etc.
• Disciplinary Hearing Freestate ( Grootvlei
  )Chairperson Mr Baza ( Chief Director in
  Office of Premier Eastern Cape )Initiator Mr
  FN Joseph ( DCS )

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TRAINING OF CORE PEOPLE

• 24 members (Managers ) of Kwazulu/Natal have
  already been trained as Initiators and
  Chairpersons
• Another 24 are currently on a training course in
  Kwazulu/Natal
• In co-operation with SAMDI, 30 managers per
  province will be trained as Initiator and
  Chairperson

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REVIEW OF DISCIPLINARY CODE

• Repeated concern in Anti-Corruption Road Show
  workshops on leniency of Disciplinary Code.
• Commissioner has tasked CDC Corporate Services to
  revisit the Disciplinary Code
• Exploring possibility of getting personnel from
  other departments to complete outstanding hearings

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THANK YOU!
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PRESENTATION ON INSIGNIA

• Presentation by DCS to Portfolio Committee on
  Correctional Services
• November 2002

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Rationale for uniform insignia

• Demilitarisation of DCS and shift from uniform
  and insignia conflated
• Need within Security department for clear lines
  of authority
• need for insignia to clearly indicate function
  and authority
• Need for corporate identity to weld DCS into
  single entity
• Uniform as component of organisational identity
• Uniform to identify members as those statutorily
  responsible for purpose of correctional system as
  opposed to awaiting trial detainees, members of
  public, CBO, NGO, and FBO

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Process for approval of uniform insignia

• Presentation to Minister completed
• Presentation to Portfolio Committee - today
• Presentation by Minister to Cabinet Committee
  on return from trip
• Cabinet Committee to refer to Cabinet for final
  approval

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• CFO to present samples of uniform and insignia
• Thank you!