Date: 29/06/2004
Source: Ministry of Correctional Services
Title: N Balfour: DPSA/UNODC report on anti-corruption in Correctional Services
RESPONSE BY THE MINISTER OF CORRECTIONAL SERVICES, MR BMN BALFOUR, ON RECEIVING THE DPSA/UNODC REPORT ON THE ANTI-CORRUPTION CAPACITY WITHIN THE DEPARTMENT OF CORRECTIONAL SERVICES, 29 June 2004
Minister of Public Service and Administration
Deputy Minister of Correctional Services
Members of the regional office of the United Nations Office on Drugs and Crime
Chairperson of the National Council of Correctional Services - Judge Desai
The Inspecting Judge - Judge Fagan
Judge Jali
Head of the Special Investigative Unit (SIU) - Mr Hofmeyer
Members of the Media
Ladies and Gentlemen
When the decision was taken by government in March 2001 for this project to go ahead within the Department of Correctional Services, it was concretising government's commitment to deal effectively and expeditiously with corruption wherever it reared its head. It was clear that the corruption tentacles reached deep into Correctional Services with both the corrupter and the corrupted taking full advantage of deficiencies relating to capacity in dealing with what can only be described as a destructive disease. It is a disease that leaves nobody untouched and even the best corrective surgery is no guarantee that healing will follow. As such, vigilance must go hand in glove with preventative measures that can control, minimise and ultimately arrest the disease.
On taking office, I committed Correctional Services to a cleansing process from top to bottom. This report, I am sure will be another contributory tool that will add to and indeed reinforce existing anti-corruption strategies in the Department. It will assist us in furthering the three pronged anti-corruption strategy that Cabinet endorsed in 2002 relating to systematic corruption prevention and good governance, thorough investigation of corruption allegations and strong disciplinary sanction against those guilty of corruption, fraud and maladministration.
Already, we are well-supported by the work of the Jali Commission into the state of corruption and maladministration in eight management areas, the partnership with the Special Investigative Unit (SIU) through the provision of immediate capacity to investigate corruption and the building of an internal investigative capacity within the department. We continue to benefit from the work of the Jali Commission and the SIU and I have instructed the Commissioner to relentlessly pursue culprits through criminal investigations and to bring to book those who, through either voluntary or coerced silence, aid and abet these criminals.
We are also considering a draft Whistle Blowing Policy based on the Public Service Commission guidelines that should be finalised in the near future. It is essential that this policy give members of the department and the public the confidence to come forward, knowing that they will be protected against disclosure and victimisation. As I stated in parliament, I am also studying a proposed revised Disciplinary Code and Procedure that would close loopholes that result in long, drawn-out disciplinary hearings. Corruption must be dealt with in the courts and, without taking away internal disciplinary procedures, culprits must be criminally charged.
While much of our focus over the past two years has been on corruption investigation and sanction, without compromising this strategy in any way, a parallel focus will now be placed on corruption prevention.
This Report handed to me will be a major enabling mechanism in correctly determining and defining the nature and scope of corruption. Based on this Report dealing with anti-corruption capacity within DCS, we have developed a plan of action that is ready to be rolled out. Included in this plan of action will be the conducting of research on corruption prevention and through the utilisation of the database on all corruption, fraud and maladministration cases, develop trend analyses and identify risks. This will form the basis for an effective and efficient risk management and fraud prevention system.
But allow me to address an equally fundamental requirement, that is, the recognition and acceptance by management that corruption prevention rests firmly on our shoulders. There is a need for a regularly updated anti-corruption operational plan, Commissioner. This should include regional anti-corruption summits that involve the department, cluster departments and other relevant stakeholders to ensure ongoing enhancement of corruption prevention. This must, however, not be allowed to be reduced to talkshops. Regions will have the opportunity for peer review based on the realities of corruption prevention in their respective regions. Know that a criminal always attempts to stay a step ahead. Sitting on an operational plan for an extended period of time without reviewing it, is as good as having no plan. They will outwit and outsmart you.
The best corruption prevention plans in the world are, however, rendered meaningless if we do not simultaneously address underlying factors that contribute to a corrupt culture taking hold. We need to be addressing conditions of employment, including the vetting of members and their remuneration, discipline and morale amongst our members and the development of a work ethic and anti-corruption culture that will contribute towards members of DCS regaining the respect of the public.
Much more time and resources must be used in going back to basics. Personnel must be trained in policies, job descriptions, duty sheets, directives and orders. Training of staff must be prioritised that includes training aimed at improving the anti-corruption culture within DCS.
Much responsibility rests on Regional Commissioners who have to not only see to training needs of staff but also take active steps to make the DCS Code of Conduct a living document in their respective regions. The document is useless stashed away in your offices and more so when it is only dusted off in times of crises.
Our action plan will put a much greater emphasis on communicating our anti-corruption campaigns and programmes, on training members, on strengthening partnerships with external stakeholders, on building internal investigative capacity, on referral of cases of corruption to external agencies including the Asset Forfeiture Unit and on an organised roll out of our Code of Conduct at all levels.
In thanking DPSA and the UN Office on Drugs and Crime for their sterling work in producing this Report, the real test of its value will be in the effectiveness or otherwise of our action plan. Reality dictates that we might not agree with all the conclusions drawn in the Report nor that corruption can be addressed overnight. The commissioning of the Report is, however, a further indication of government's commitment to eradicating the scourge of corruption. The UN Office on Drugs and Crime must be commended for their research that will assist the department in analysing trends in corruption, employing effective prevention strategies and dealing with it wherever it rears its head.
I thank you.
Issued by: Ministry of Correctional Services
29 June 2004
Source: Ministry of Correctional Services
Title: N Balfour: DPSA/UNODC report on anti-corruption in Correctional Services
RESPONSE BY THE MINISTER OF CORRECTIONAL SERVICES, MR BMN BALFOUR, ON RECEIVING THE DPSA/UNODC REPORT ON THE ANTI-CORRUPTION CAPACITY WITHIN THE DEPARTMENT OF CORRECTIONAL SERVICES, 29 June 2004
Minister of Public Service and Administration
Deputy Minister of Correctional Services
Members of the regional office of the United Nations Office on Drugs and Crime
Chairperson of the National Council of Correctional Services - Judge Desai
The Inspecting Judge - Judge Fagan
Judge Jali
Head of the Special Investigative Unit (SIU) - Mr Hofmeyer
Members of the Media
Ladies and Gentlemen
When the decision was taken by government in March 2001 for this project to go ahead within the Department of Correctional Services, it was concretising government's commitment to deal effectively and expeditiously with corruption wherever it reared its head. It was clear that the corruption tentacles reached deep into Correctional Services with both the corrupter and the corrupted taking full advantage of deficiencies relating to capacity in dealing with what can only be described as a destructive disease. It is a disease that leaves nobody untouched and even the best corrective surgery is no guarantee that healing will follow. As such, vigilance must go hand in glove with preventative measures that can control, minimise and ultimately arrest the disease.
On taking office, I committed Correctional Services to a cleansing process from top to bottom. This report, I am sure will be another contributory tool that will add to and indeed reinforce existing anti-corruption strategies in the Department. It will assist us in furthering the three pronged anti-corruption strategy that Cabinet endorsed in 2002 relating to systematic corruption prevention and good governance, thorough investigation of corruption allegations and strong disciplinary sanction against those guilty of corruption, fraud and maladministration.
Already, we are well-supported by the work of the Jali Commission into the state of corruption and maladministration in eight management areas, the partnership with the Special Investigative Unit (SIU) through the provision of immediate capacity to investigate corruption and the building of an internal investigative capacity within the department. We continue to benefit from the work of the Jali Commission and the SIU and I have instructed the Commissioner to relentlessly pursue culprits through criminal investigations and to bring to book those who, through either voluntary or coerced silence, aid and abet these criminals.
We are also considering a draft Whistle Blowing Policy based on the Public Service Commission guidelines that should be finalised in the near future. It is essential that this policy give members of the department and the public the confidence to come forward, knowing that they will be protected against disclosure and victimisation. As I stated in parliament, I am also studying a proposed revised Disciplinary Code and Procedure that would close loopholes that result in long, drawn-out disciplinary hearings. Corruption must be dealt with in the courts and, without taking away internal disciplinary procedures, culprits must be criminally charged.
While much of our focus over the past two years has been on corruption investigation and sanction, without compromising this strategy in any way, a parallel focus will now be placed on corruption prevention.
This Report handed to me will be a major enabling mechanism in correctly determining and defining the nature and scope of corruption. Based on this Report dealing with anti-corruption capacity within DCS, we have developed a plan of action that is ready to be rolled out. Included in this plan of action will be the conducting of research on corruption prevention and through the utilisation of the database on all corruption, fraud and maladministration cases, develop trend analyses and identify risks. This will form the basis for an effective and efficient risk management and fraud prevention system.
But allow me to address an equally fundamental requirement, that is, the recognition and acceptance by management that corruption prevention rests firmly on our shoulders. There is a need for a regularly updated anti-corruption operational plan, Commissioner. This should include regional anti-corruption summits that involve the department, cluster departments and other relevant stakeholders to ensure ongoing enhancement of corruption prevention. This must, however, not be allowed to be reduced to talkshops. Regions will have the opportunity for peer review based on the realities of corruption prevention in their respective regions. Know that a criminal always attempts to stay a step ahead. Sitting on an operational plan for an extended period of time without reviewing it, is as good as having no plan. They will outwit and outsmart you.
The best corruption prevention plans in the world are, however, rendered meaningless if we do not simultaneously address underlying factors that contribute to a corrupt culture taking hold. We need to be addressing conditions of employment, including the vetting of members and their remuneration, discipline and morale amongst our members and the development of a work ethic and anti-corruption culture that will contribute towards members of DCS regaining the respect of the public.
Much more time and resources must be used in going back to basics. Personnel must be trained in policies, job descriptions, duty sheets, directives and orders. Training of staff must be prioritised that includes training aimed at improving the anti-corruption culture within DCS.
Much responsibility rests on Regional Commissioners who have to not only see to training needs of staff but also take active steps to make the DCS Code of Conduct a living document in their respective regions. The document is useless stashed away in your offices and more so when it is only dusted off in times of crises.
Our action plan will put a much greater emphasis on communicating our anti-corruption campaigns and programmes, on training members, on strengthening partnerships with external stakeholders, on building internal investigative capacity, on referral of cases of corruption to external agencies including the Asset Forfeiture Unit and on an organised roll out of our Code of Conduct at all levels.
In thanking DPSA and the UN Office on Drugs and Crime for their sterling work in producing this Report, the real test of its value will be in the effectiveness or otherwise of our action plan. Reality dictates that we might not agree with all the conclusions drawn in the Report nor that corruption can be addressed overnight. The commissioning of the Report is, however, a further indication of government's commitment to eradicating the scourge of corruption. The UN Office on Drugs and Crime must be commended for their research that will assist the department in analysing trends in corruption, employing effective prevention strategies and dealing with it wherever it rears its head.
I thank you.
Issued by: Ministry of Correctional Services
29 June 2004
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