ATC201029: Report of the Standing Committee on Public Accounts on Anti-Corruption Task Team (ACTT), dated 28 October 2020.

Public Accounts (SCOPA)

Report of the Standing Committee on Public Accounts on Anti-Corruption Task Team (ACTT), dated 28 October 2020.

Introduction

 

The Standing Committee on Public Accounts (the Committee), following engagements with the Special Investigation Unit (SIU) and the Inter-Ministerial Committee (IMC), notes the specific concerns raised in respect of the high levels of corruption, lack of consequence management, and delays in prosecutions resulting in the failure of the State to recover monies owed to it.

 

The Committee further notes the slow pace in which cases are finalised and the often inappropriate sentences handed out as a result of plea bargaining and negotiated settlements.  The Committee has identified the Anti-Corruption Task Team (ACTT) as a structure that can promote and ensure good governance and tackle corruption to restore confidence in the public service. The ACTT can further strengthen the Committee's oversight functions by closely co-operating with it to ensure that the Committee is kept apprised of the manner in which allegations of corruption are being dealt with by the relevant statutory bodies. However, the ACTT is currently not fully functional and operational and therefore the Committee recommends that it be revived to ensure that the issue of corruption is dealt with in a coordinated manner to achieve maximum results.

 

The Committee reports as follows:

 

The Committee notes that the ACTT was established in 2010 and that no legal framework is in place to regulate its establishment and powers.The current mandate of the ACTT is to ensure cooperation amongst different role players and law enforcement agencies, integration, accountability, and alignment of priorities so that the government’s objective to effectively address corruption, in accordance with the objectives of the Directorate for Priority Crime Investigation, is realised.

 

The ACTT comprises representatives from the:
 

• Directorate for Priority Crime Investigation (DPCI) (Convener)
• Special Investigating Unit (SIU)
• National Prosecuting Authority (NPA)
• Financial Intelligence Centre (FIC)
• SA Revenue Service (SARS)
• National Treasury (NT)
• Department of Public Service and Administration (DPSA)
• National Intelligence Coordinating Committee (NICOC)
• State Security Agency (SSA)
• The Presidency [represented by the Department of Planning Monitoring and Evaluation (DPME)]
• Department of Justice and Constitutional Development (DoJCD) and
• Department of Communication (DoC)
• Government Communication and Information System (GCIS)
• Public Service Commission (PSC)
• SAPS

 

The Committee acknowledges the important role that the ACTT can play in the fight against corruption. However, in order to ensure that the ACTT is effective and efficient, it is necessary that the structure is formalised and operates in accordance with a clear mandate and terms of reference. Accordingly, the Committee recommends that the Minister of Justice:

1. Revives the Anti-Corruption Task Team and ensures that it is governed in accordance with clear terms of reference;
2. Ensures that the ACTT is accountable to the necessary structures, including Parliament, by providing for a clear reporting framework. The reporting framework must include provisions for quarterly progress reports to Parliament on activities, cases under consideration, challenges, and progress made;
3. Ensures that the parties enter into a Memorandum of understanding (MOU) which is underpinned by the terms of reference and a clear action plan to ensure accountability, a clear delineation of duties, and a commitment to co-operate.;

 

Conclusion

 

The Committee further recommends that the Minister of Justice provides the Committee with a time frame and implementation plan in respect of the revival of the ACTT within 21 days of the adoption of this report by the House.

 

Report to  be considered.