10h30 Moodley Hall 2C Thurs

Report
51ST IAWP 2013 CONFERENCE
DIRECTORATE FOR PRIORITY
CRIME INVESTIGATION (DPCI)
INVESTIGATION OF SERIOUS CORRUPTION :
A MULTI-DISCIPLINARY APPROACH
South African Police Service (SAPS)
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1
INTRODUCTION
• Corruption undermines democracy and social justice,
thereby deepening poverty, fuelling organised crime
and stunting efforts to promote human security.
• Corruption takes many forms and prospers in all
manner of environments.
• It knows no colour, creed, religion or level of
seniority.
• Corruption is not racist or sexist.
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CORRUPTION AS A GOVERNMENT
PRIORITY
• 22 July 2010 The President mandated the JCPS to
create an anti-corruption task team which will
fast-track the investigation and prosecution of cases
of corruption as a result of Government’s outcomes.
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The 12 Outcomes of Government
1.
2.
3.
4.
5.
Improved quality of basic education.
A long and healthy life for all South Africans.
All people in South Africa are and feel safe.
Decent employment through inclusive economic growth.
A skilled and capable workforce to support an inclusive growth
path.
6. An efficient, competitive and responsive economic
infrastructure network.
7. Vibrant, equitable and sustainable rural communities with food
security for all.
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Cont./…………
4
The 12 Outcomes of Government
8.
9.
10.
11.
12.
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Sustainable human settlements and improved
quality of household life.
A responsive, accountable, effective and efficient local
government system.
Environmental assets and natural resources that are
well protected and continually enhanced.
Create a better South Africa and contribute to a better
and safer Africa and World.
An efficient, effective and development oriented public
service and an empowered, fair and inclusive citizenship.
5
Output 3 – Reduced Corruption
Incorporated in National Priorities of the SAPS
and Directorate for Priority Crime Investigation
(DPCI)
• Reduced level of corruption, thus improving
investor perception, trust and willingness to
invest in South Africa
• Reduced corruption within the JCPS Cluster to
enhance its effectiveness and its ability to serve
as deterrent against crime
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Operational Concept,
Coordination & Focus
Justice, Crime Prevention and Security Cluster
(JCPS)
Anti-Corruption Task Team
Executive Committee
ACTT Secretariat
•
•
•
•
ACTT Operational
Management
JCPS AntiCorruption Working
Group (ACWG)
ACTT Executive Committee- Governance
ACTT Operation Team – Investigations – Output 3.1
ACTT JCPS Anti-Corruption Working Group (ACWG) - Output 3.2
ACTT Secretariat – Coordination
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Anti-Corruption Task Team
(ACTT) Team Concept
• ACTT Operational Commander (DPCI)
• National Prosecuting Authority (NPA)
– Asset Forfeiture Unit (AFU) Representative
– Serious Commercial Crime Unit (SCCU) Representative
• National Team Leaders (Current 3 Teams)
• Decentralised Teams
• Representatives (Other Agencies)
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Priority Crime Team (s)
Priority Crime
Team Leader (1)
Project Support Office
1 X Project Support
1 x Analyst
2 x Project
Administrators
2 x Profilers
1x
Investigation
Group Leader
2 x Criminal
Investigators
1x
Investigation
Group Leader
2 x Criminal
Investigators
Team
Specialists (3)
1 x Prosecutor
1 x AFU
Investigator
1 x AFU
Litigator
Crime
Intelligence
1x
Investigation
Group Leader
1x
Enforcement
Group Leader
2 x Criminal
Investigators
2 x Criminal
Investigators
Deployment Forms
Project Team
Task Team
Networked
Supervised
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1 x Financial
Investigator
1 x Financial
Investigator
1 x Financial
Investigator
1 x Financial
Investigator
Ad Hoc
Investigators
Ad Hoc
Investigators
Ad Hoc
Investigators
1 x Domain
Specialist
1 x Disciplinary
Investigator
Individual
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MANDATE OF DPCI
• National Priority Offences
- Serious Corruption
- Serious Organised Crime
- Serious Commercial Crime
• Specialist and Specialised Investigations
• Enforcement
- Chapter 2 and Section 34 of Act 12 of 2004
- Any other category of offences referred to the
Head by the NATCOM subject to policy guidelines
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ACTT Process Flow
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Working Understanding of Corruption
• “Broad Definition: Corruption is the abuse of
entrusted power”
• “Intermediate definitions: Corruption is the abuse of
entrusted power for private gain”
• Specific definitions: Corruption is the abuse of
public/private power for private/personal/
unlawful/financial/ pecuniary profit/benefit/ gain.
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Types of Corruption
Corruption Type
Graft
Influencing
Petty corruption
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Routine
Administrative
corruption or
bureaucratic
corruption
Political patronage
and nepotism
Description
Involves the utilisation of public resources to serve
individual or private interests.
Forcing a decision in one’s favour.
Refers to these small acts, or rent-taking actions,
by civil servants. Bribery, influencing, and gift
giving are sometimes seen as different forms of
petty corruption.
Illicit payments required from users by civil
servants in the (often distorted and arbitrary)
implementation of existing regulations, policies
and laws.
Government resources are directed to patrons,
clients, family or ethnic clan of office holders.
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Types of Corruption
Political corruption
State capture
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Aggravated
High-level, grand, or
endemic corruption
The misuse of entrusted power by
political leaders. More specific
meaning is corruption within the
political or electoral process.
The misuse of high public office,
public
resources
or
public
responsibility for private, personal
or group, gain.
Private payments to public
officials, and the ‘capture’ of their
area of jurisdiction, in order to
affect laws, rules, decrees,
regulations or capture resources,
for example, contracts.
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THE CORRUPTION AND FRAUD
PREVENTION STRATEGY PLAN OF
THE SAPS (DRAFT)
•
•
•
•
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Prevention
Detection
Investigation
Resolution
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The JCPS Anti-Corruption Framework
Leadership Imperative
Mandate and Effective Service Delivery
Risk
Management
Governance
Framework
People
Centred
Training &
Awareness
Controls e.g.
Policies &
Procedures
Preventative
Security
Risk Mitigation
Analysis
Internal and
External Audit
Prevention
Intelligence
AntiCorruption
Framework
Detection
Monitoring
Mechanisms
Whistle Blowing
& Reporting
Mechanisms
Compatible/
Integrated
Systems
Disciplinary
Action
Civil Recovery
Resolution
Criminal
Prosecutions
Investigation
Independent
Multi-Agency
Approach
Asset Forfeiture
Witness
Protection
Referring to other
Agencies
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Shows the process flow between components and functions
Shows links to the functions within a
CORRUPTION RELATED
REGULATORS
International Regulators:
• African Convention on Preventing and Combating
Corruption
• Southern African Development Community Protocol
Against Corruption
• OECD Anti-Bribery Convention
• United Nations Convention Against Corruption
(UNCAC)
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APPLICABLE LEGISLATION
• Constitution of Republic of South Africa 1996 (Act
108 of 1996)
• South African Police Service Act 68 of 1995
• Prevention of Organised Crime Act 121 of 1998
(POCA)
• Prevention and Combating of Corrupt Activities Act
12 of 2004 (PRECCA)
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Cont./……….
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APPLICABLE LEGISLATION
• Financial Intelligence Centre Act 38 of 2001 (FICA)
• Public Finance Management Act 1 of 1999 (PFMA)
• Municipal Finance Management Act 56 of 2003
(MFMA)
• Protected Disclosures Act 26 of 2000
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SPECIFIC POLICIES
•
•
•
•
•
•
•
National Development Plan (NDP)
National Security Strategy (NSS)
National Anti-Corruption Framework (JCPS)
Government Programme of Action
Whistle-blower's Policies (Draft)
Gift Policy (Draft)
National Instruction 1 of 2009 (Draft)
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Operational Relationships
• SOP with Banks
– Financial Intelligence Centre (FIC)
– SABRIC
• Operational Need
– Financial Intelligence
– Court Directed Evidence – Sec 205
– STR’s
• Key Issues
– Confidentiality
– Fast Tracking (Sec 205)
– Duplication of Requests – Facilitation Role of FIC
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Factors influencing the achievement
of Output 5 Targets
• Complex Nature of Cases
– Involves Serious Commercial Crime
– Involves Organised Crime
– Involves “Serious Corruption”
• Time Constraint
– Duration of investigation Processes
– Duration of court processes
• Pre-Trial Proceedings
• Trial Proceedings
• Resource Constraints
– Availability Specialised Investigation and Prosecution Skills
– Congested Court Roll
• External Factors and Tactics
– Delays in appearance
– Manipulative use of Legal and Court Processes
– Availability of Council for Defence
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CONCLUSION
Almost all of Organised crime and Economic crimes have the
elements of corruption.
Serious Organised Crime and Serious Economic Crime definitely
has corruption.
When you eliminate the opportunity for corrupt officials to
thrive, you erase the opportunity for organised, economic and
other crime to flourish.
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The fight against crime and corruption is one of the key priorities
for our government.
Whilst all can be done by the South African Police Service, it is a
collective responsibility of all South Africans to strive for a safer
South Africa.
We are encouraged that various provincial, national and
international stakeholders have supported and continue to work
with SAPS in a properly coordinated and integrated manner and
engage at all levels in our planning and implementation.
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Thank You!
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