Issue No 024
 April/May/June 2005

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Top SADC Story

President comes out punching on graft

Speaking at his first Cabinet meeting, newly elected Namibian President Hifikepunye Pohamba - successor to former President Sam Nujoma - has stressed that he will not tolerate corruption, laziness, inefficiency, abuse of Government property and other forms of administrative malpractice. Christof Maletsky, reports that the president also announced the establishment of a long-awaited Anti-Corruption Commission, which "will work closely with the Police, the Office of the Ombudsman and the courts to root out corruption . " Pohamba raised concern over the lengthy disciplinary procedure in the public service promising an amendment to the Public Service Act so that "public servants accused of misconduct will get to know about their fate in the shortest possible time."


Full Article in Namibian (01 April 2005)

 

Internet Portal on Corruption (IPOC)

The Southern African Online Internet Portal on Corruption (IPOC) is the first web-based portal with a focus on corruption in Southern Africa. It aims to provide policy-makers, researchers, activists, academics, the media as well as public and private sector officials with access to material on corruption as well as strategies to combat graft and corruption. The centre, which is a free to use service, provides information with a specific Southern African focus including case studies, news headlines and an online downloadable library :
Visit: www.ipocafrica.org

 

Archives

All back issues of Umqol'Uphandle are posted on the ISS website.
Visit: www.issafrica.org...

"The moment when something which has been kept hidden, becomes exposed"

 

Visit the
Southern African Internet Portal on Corruption (IPOC)
www.ipocafrica.org

 

 EDITORIAL


Genuinely corrupt relationships

Who next? Almost every news headline since May has paraded the names of senior leaders in public life who have, or may, or cannot, be implicated in corruption. If Shabir Shaik is found to be guilty will Jacob Zuma be charged? If Jacob Zuma is charged will he be fired? If he is fired will Phumzile Mlambo-Ngcuka be appointed Deputy President? If Oilgate unravels will the (new) Deputy President be implicated?

However, away from the glamour of political centre stage, some remarkable achievements have been made that provide a solid base for future anti-corruption work. Of course some observers grope in the dark for the 'political motives' behind recent events - a fact that is understandable given the respect most South Africans have for the political careers of individuals implicated.

The evidence overwhelmingly suggests that we have a constitutional order at work. A recent survey (see Research & Reform) has shown that the vast majority of South Africans have given the state and President the thumbs up for the Shaik prosecution and the difficult decision to release the Deputy President (see National Administration) following mounting evidence in the Durban High court that he was involved in a 'generally corrupt' relationship with Shaik. Zuma now has the opportunity to clear his name as Vusi Pikoli and the NPA have moved to prosecute Zuma. Our democratic institutions are tested in these political high-stakes but appear to come out stronger for it - with integrity displayed within the executive, the judiciary and the prosecuting authority in handling recent events.

However, if it ended there this could all have been neatly pigeonholed as a political flash-in the pan. A fitting end to an internal party struggle or maybe the result of a President purchasing political credit before he jets off for a meeting with the G8 at the Gleneagles golf course.

Recent events appear to underscore an increased vigour to deal with corruption at various levels of government. Within days of Jacob Zuma move out of the Union Buildings five of the MP's implicated in the Travelgate scam resigned (or were fired) - See National Administration. At the same time Minister of Finance Trevor Manuel and Minister of Local and Provincial Government Sydney Mufumadi came out guns blazing over corruption at local government level. Its time that the spotlight comes into sharp focus on the self-proclaimed 'god of Hillbrow' and his cohorts throughout the country (see local government).

So what? -Is another common refrain. Trends are not easy things to predict however, indications are that the countries anti-corruption agencies are proving extremely effective in netting both the 'big fish' and the 'small fry'. In April one of the biggest corruption busts in history took place in the country. At first we learnt that over 70,000 members of the public sought amnesty for fraudulently accepting social welfare grants. Then Minister of Social Development Zola Skweyiya and head of the Special Investigations Unit Willie Hofmeyer announced that their co-operation in cracking down on syndicates and the possible prosecution of the over 30 000 public servants who were found to be illegally receiving social welfare grants (See Social Welfare and Research & Reform). The sheer scale of this fraud perpetrated against the countries poor (see Profile: Mr. Miki Mbali) is shocking. Umqol'uphandle has reported on the estimated R1,5 billion lost to corruption in social welfare corruption in the past - but this has seriously dented the Public Services mantra of Batho Pele. In his weekly letter e-mail letter President Mbeki underscored this: "In this regard we must state the matter firmly that these are parasites who are waging a war against the people".

Hats off to Minister Skweyiya for tackling the issue head on with the Cobra's (the SIU) at his side (who will receive R200 million in funding for this exercise). However, should the names of those implicated not be placed on a corruption register - which Treasury has produced for corrupt businesses (see Industry)? They should be named, shamed and excluded from work in the public servicefor a period of time.

Meanwhile, the list of secret donors who provide the majority of funding to SA's political parties remains a mystery to the public. Oilgate - the party funding scandal uncovered by the Mail & Guardian (National Administration) points towards the fact that while we bolt up the front door to the corrupt 'parasites' through laws and the work of institutions - the back door is left wide open and thieves are cleaning out the kitchen. More on this and a new civil society initiative to monitor party funding in the next edition of Umqol'uphandle - SA Corruption Briefing.

 

 NEWS HEADLINES


Public Service

National Administration
Mbeki fires Zuma

Judge Hilary Squires' guilty ruling in the Shabir Shaik saga has left the South African Head of State, President Thabo Mbeki, with little choice but to exercise his constitutional prerogative and show his former Deputy President the door. Justice Squires had pronounced Zuma and convicted Durban businessman Schabir Shaik as conjoined in a 'generally corrupt relationship' - a judgment that, according to Mbeki, raised "questions of conduct that would be inconsistent with expectations that attend those who hold public office." This had then compelled the President of the Republic to take drastic action and release Zuma from his responsibilities as a deputy president and member of the cabinet. The decision was deemed to be in the best interests of Zuma, the government and SAs fledgling democracy. In a speech in response to his dismissal Zuma proclaimed respect and acceptance of the president's pronouncement, and pledged his commitment to continue to serve the people of South Africa in whatever capacity and role.

Full Article in AllAfrica.com (14 June, 2005)
Visit gov.za for a full transcript of Pres. Mbeki's speech
Visit gov.za to view Mr. Jacob Zuma's statement

Imvume slams 'Oilgate' loan association

Responding to the accusation that it had funneled millions of rands of taxpayers' money to the African National Congress (ANC), Imvume management, an empowerment company with close ties to the ANC, has vehemently slammed reports implicating it in unlawful payments to relatives of the ministers of mineral and energy affairs and of social development in December 2003. The Imvume saga is part of a potentially huge party-funding scandal - dubbed 'the ANC's Oilgate' - which the Mail & Guardian unearthed in a groundbreaking investigation into covert party-funding. The investigation essentially revealed that PetroSA, South Africa's state oil company subsidised a R15-million payment to the ANC by Imvume in the run-up to the 2004 general elections. The exposè led the Johannesburg High Court to ban the newspaper from publishing the controversy. The ban was subsequently lifted. Asserting that there is a prima facie fraud case against Imvume over the illegal payments by PetroSA the Freedom Front Plus (FF+) has called for the national director of public prosecutions, Vusi Pikoli, to investigate a fraud case against Imvume Management. Scorpions' spokesperson Makhonkosi Nkosi has however announced that the matter was already in the hands of the Public Protector and advised that the FF+ should forward all the relevant information to the ombudsman and report any concerns about suspicious conduct to the police.

Full Articles in The Herald (26 June 2005)
and Mail & Guardian (03 May 2005)

Business Day (21 June 2005, 24 June 2005)

Also visit the Mail & Guardian 'Oilgate Uncovered' webpage

Shaiks to appeal against sentence

Convicted on three charges that were found to invariably involve illicit financial dealings with former Deputy President Jacob Zuma, and sentenced to 15 years on each of the two counts of corruption and another three years on fraud, Durban businessman Schabir Shaik is to seek leave to appeal against the sentence and the array of fines imposed on his ten Nkobi group of companies. The fines varied from R25 000 to R1.4-million for each company and had to be paid by June 30, 2005. Shaik's hearing has been set for July 26, 2005.Full Article in Business Day (08 June 2005)


Confusion over Mps' Travelgate resignations

The 'resignation' of five MP's (Ruth Bengu, Mildred Mpaka, Rhoda Joemat, Pamela Mnandi and Mavis Magazi) following their conviction in the travelgate scandal has fuelled speculation as to whether the MP's really resigned or 'were pushed out following the axing of Zuma as the deputy president.' Jeremy Michael reports that the some of the affected MP's had in fact informed The Star that, contrary to the ANC chief whip Mbulelo Goniwe's announcement, they had not voluntarily tendered resignations to parliament. Goniwe had 'told the ANC's parliamentary caucus that the five MP's, who were not present at the meeting, had agreed to resign their seats .' Eighteen more MP's are still awaiting appearance in court in connection with defrauding Parliament's travel voucher system.
Full Article in The Star (24 June 2005)


'Many politicians benefited from bribes'

Many more politicians and senior civil servants from the arms industry are believed to have benefited from bribes paid by Europe's arms manufactures in bid to secure a stake in the South African arms deal. This is a view which Richard Young - a bidder who is now suing the government for R149-million after unfairly losing out to ADS, the French arms giant's (Thomson-CSF) subsidiary where Schabir Shaik had a 10% stake - and Independent Democrats leader Patricia de Lille, share. De Lille is known to have raised the initial alarm in parliament about corruption in the arms deal. According a report by Alameen Templeton, while Young called for the re-opening of the arms deal investigations de Lille urged 'the government to protect the whistle-blowers who first approached her with their concerns."
Full Article in The Star (15 June 2005)


Massive Denel 'kickback' probe

Details of a Scorpions criminal investigations into an alleged R100-million bribe which the South African arms parastal, Denel, paid to a Saudi Arabian agent in bid to sell artillery systems worth about $1.4-billion (R8, 6-million) to the Saudis have emerged following "a desperate legal battle by Denel's Saudi agent to prevent the Scorpions from gaining access to his Swiss banking records." According to Mail&Guardian's Sam Sole and Stefaans Brümmer the Scorpions want to know if this advance has flowed to South Africa in the form of kickbacks, with former directors and officials of Denel, the late defense minister Joe Modise, the African National Congress and ANC fundraiser Yusuf Surtee, named as possible recipients. The Scorpions application to the Swiss bank authorities, where the R100-million was deposited (in the account of Saudi agent Esam Hakeem), claims that there is "evidence under oath to the effect that some of the funds paid as 'commitment' fees might have found their way back into the Republic of South Africa as a 'kickback' to some official of Denel and/or to some other parties (presently unknown)."

Full Article in Mail&Guardian (15 April 2005)

Senior Scorpion probed

The Mail & Guardian has revealed that head of the Scorpion's Operations Unit Jeffrey Ledwaba is being investigated in connection with allegations of the plundering of more than R600 000 earmarked for the payment of informants. (The NPA's 2003/4 annual report shows that more than R4, 5-m had been spent on informers). According to a report by Matuma Letsoalo and Wisani wa ka Ngobeni National Director of Public Prosecutions, Vusi Pikoli has put Ledwaba on "special leave" pending the outcome of the probe. The Ledwaba incident comes in the wake of the revelation that the Public Service Commission was probing Marion Sparg, CEO in Pikoli's office, for tendering irregularities as well as the suspension and subsequent arrest of former deputy director of Public Prosecutions, Cornwell Tshavhungwa for allegedly accepting bribes from senior officials at the Mpumalanga Economic Empowerment Corporation.
Full Article in the Mail & Guardian (May 13 to 19 2005)


Judge in Scorpions probe linked to arms deal

Because of her connubial ties to businessman Siza Khampepe - "director of Kgorong Investment Holdings, an empowerment partner of Reutach Radar Systems, which got a R220-million slice of the arms deal" - the appointment of High Court Judge Sisi Khampepe to probe the future of the Scorpions has raised concerns about a possible conflict of interest that could cloud her judgments. A Sunday Times' report by Simpiwe Piliso reveals that attorney Julekha Mohamed, a former legal adviser of Deputy President Jacob Zuma, as well as a business partner of Shamin "Chippy" Shaik, the former head of Defence acquisitions, and his brother Younis, are co-directors with Judge Khampepe's husband at Kgorong. In addition to testifying as a defense witness for Schabir Shaik, Mohamed also represented Mo Shaik, a Foreign Affairs official, and former Transport Minister Mac Maharaj, at the Hefer Commission of Inquiry into whether the former Director of Prosecutions, Bulelani Ngcuka, was an apartheid spy. Presidential spoken Bheki Khumalo commented that Judge Khampepe is unlikely to allow personal and financial matters to interfere with her work and ultimately also has her" own reputation to protect."

Full Article in the Sunday Times (03 April 2005)

Provincial Administration
Van Schalkwyk knew about R300 000 from Agusta, court told

Allegations that former leader of the now defunct New National Party (NNP), Marthinus van Schalkwyk, had approved a R300 000 donation to party funds by the Italian estate magnate Count Ricardo Agusta have emerged in the corruption trial of former Western Cape premier, Peter Marais, and former environment affairs MEC David Malatsi. Both Marais and Malatsi stand accused of accepting a R400 000 bribe from Agusta, which gained him the permission to develop a golf estate in an area deemed to be ecologically sensitive. Melanie Gosling reports that the Bellville regional court also heard for the first time that Marais wrote a suppliant letter to Agusta 'giving him the banking details of the NNP and thanking him in "anticipation of any donation" to party funds.'

Full Articles in The Herald (May 18 2005)

and Cape Times (May 19 2005)


Scorpions investigating bus mogul: Fakude-Nkuna probed on R120m fraud

Already under investigation by the Scorpions for alleged fraud and corruption at the Mpumalanga Economic Empowerment Corporation (MEEC) and her name repeatedly featuring in the Schabir Shaik corruption trial, "[armaments] and transport mogul Nora Fakude-Nkuna is at the centre of a new R120-million fraud and corruption investigation into Mpumalanga's biggest bus company [Buscor]." City Press' Zinkie Sithole and Justin Arenstein report that the Scorpions accuse Buscor of "grossly [overstating] passenger numbers in reports to government subsidy scheme between 1997 and 2003, using inflated reports to defraud the taxpayer of an estimated R120 million." Computer records, hard-drives, documents, receipts and financial records from Buscor have been seized following the Scorpions pre-dawn raids on Fakude-Nkuna's private offices. The raid might have been "based on an independent KMPG audit of traffic volumes and passenger numbers, which found that Buscor was over-claiming on government subsidies for rural passengers by an average of R1, 7-million per month."
Full Article in City Press (03 April 2005)


Premier 'protecting her own'?

Commenting on the suspension of Vusi Menzelwa, chief financial officer in the Eastern Cape's provincial agricultural department, regional secretary of the National Union of Metalworkers of South Africa (Numsa), Irvin Jim, has claimed that the event "bolstered evidence that "[Premier] Nosimo Balindlela is using the state against particular comrades under the pretext of fighting corruption."" Menzelwa's suspension, according to Mail & Guardian's Vicki Robinson, relates to an order he issued, to the effect that "state financial support for a controversial agriculture empowerment deal called Kangela be put on hold, [as the deal was still] being investigated by the Scorpions for corruption." The Eastern Cape government however has continued financing the deal despite the arrest of key individuals implicated in the alleged graft related to Kangela. The deal became suspect when former Eastern Cape agriculture minister, Max Mamase, ordered his department to transfer R15, 68-million to make possible "the acquisition of a 49% share of [wealthy farm owner Norman] Benjamin's farms by an empowerment trust called Kangela." The Public Finance Management Act prohibits such as a move when a chief financial officer of a provincial department has not authorised it.

Full Article in the Mail&Guardian (08 April 2005)

Corruption commission fails to fly

Opposition political parties as well as the Grahamstown-based Public Service Accountability Monitor have voiced serious concerns regarding the apparent failure of the Pillay Commission of Inquiry into the finances of the Eastern Cape provincial administration to get off the ground. The three-person commission was launched on April 11 after receiving a six-month mandate from Balindlela to examine the provincial government's finances. According to Tabelo Timse's report opposition parties felt extremely pessimistic about the progress of the commission, citing various reasons including the idea that the commission was just a political move because were it to prove effective, the Premier's position would be compromised. This is reportedly due to the fact that the investigation's terms of reference dictate that it goes as far back as 1994 including the time when Balindlela was the MEC of Education.

Full Article in The Herald (June 10 2005)

Anything rotten in health MEC's office? - No house, so MEC lives in hotels

Rumours alleging that KwaZulu-Natal health MEC Peggy Nkonyeni has spent significant sums of state funds on treating herself, her entourage and occasionally her family members, to luxury stays in expensive hotels have emerged following the revelation that she had no house. City Press' Wonder Hlongwa lists a host of other corruption allegations against Nkonyeni, including contracting a company (Icebo Developers) linked to a family member, which supplied and distributed R1-million worth of food parcels including at functions she addresses." Nkonyeni refused to comment on these allegations as she "does not deal with issues of administration."
Full Article in City Press (17 March 2005)


Angry Skwatsha responds to allegations of corruption

Western Cape Public Works and Transport MEC Mcebisi Skwatsha has reacted an accusation that he had signed tender documents for part of City of Cape Town security contract (valued at R50 million-a-year) on behalf of Jama Security Services cc. Skwatsha claims to have resigned as a member of Jama and has proclaimed that 'he had not benefited from illegal activities and had not signed tender documents for Jama after he had resigned from the Corporation.' Skwatsha had also been accused by the DA of failing to declare his Jama interests to the provincial adminstration. Babalo Ndenze reports that 'the DA has called on premier Ebrahim Rasool to appoint a commission of inquiry to look into the allegations against Skwatsha' - a proposition which he had rejected on the grounds that it was unnecessary.

Full Article in the Cape Times (May 27 2005)

Top official arrested for fraud

Scorpions spokesperson Lucinda Moonieya has announced that chief director of the Free State education department, Johannes Khoarai, as well as businesswoman Karabo Bahumi, have been arrested on charges of fraud and corruption in the award of tenders. This follows a Scorpions' investigation, which revealed that Khoarai had borrowed R300 000 from Bahumi, and in order to settle this debt he was key in awarding tenders to Bahumi's company, KBM Services, which was the preferred bidder, among 153 contenders, to distribute learner support material in four of the five designated districts. This was despite the fact that the company did not score the highest points in the bidding process. A review of the recommendation in favor of KBM services revealed a number of discrepancies, 'including inconsistencies in reasons for disqualifying other bidding companies.'
Full Article in News24 (26 June 2005)


Local Government
Top city official - 'God of Hillbrow' -'sought bribes'

Operations planning control manager in the Johannesburg city council's Department of Development Planning, Transportation and Environment, Allan Wheeler, is accused of harassing city officials, property owners and close associates in bid to intimidate them to comply with his solicitations for bribes. Wheeler is claimed to threaten victims with closing down their business, demolishing their buildings or terminating their jobs should they not co-operate with his demand for bribes. The Star's Christina Gallagher reports that Wheeler engages in this activity in his capacity as an investigator of violations of town planning and a police reservist at the Hillbrow police station. Wheeler, it is stated in an affidavit, made racist remarks including claims that "I am the God of Hillbrow..I will enforce the by-laws because every black man is a criminal and every black women is a p rostitute." One of the complainants against Wheeler include Daniel Burger the deputy sheriff of Johannesburg East.

Full Article in The Star 23 April 2005

DA fires West Coast mayor for misleading inquiry

Executive mayor of West Coast district municipality Hendrick "Pottie" Potgieter has been sacked following evidence 'that he may have misled a commission of inquiry into allegations that he made corrupt use of municipal funds.' This was a swift about-turn from the Democratic Alliance's (DA) earlier decision to clear Potgieter of all fraud charges on the basis that there was no evidence of corruption and maladministration. Karen Breytenbach reports that Potgieter's dismissal followed an SABC exposè where it emerged that Potgieter and his two colleagues, municipal manager Wessel Rabbets and municipal director of finances Buks Koekemoer, had withheld certain information from a Department of Local Government and Housing commission. This had been set up to investigate Potgieter's use of a municipal credit card to the tune of R300 000, for an overseas trip for his wife, Marie.
Full Article in Cape Times (June 29 2005)


DA claims Plett municipal manager misused public funds for personal use

Plettenberg Bay municipal manager, George Seitisho, has been the target of a corruption, fraud and theft allegation involving the abuse of a 'municipal credit card to buy personal items worth R89 000 and making cash withdrawals of R52 000.' The complaint, which the Democratic Alliance (DA) Plettenberg Bay councilor Wichardt Brummer had launched, was not denied. According to a report by Melanie Gosling, 'Seitisho and members of the municipality admit[ed] to the misuse of public funds for personal benefit' but with the qualification that the money had been repaid. The DA's affidavit followed an auditor-general's report that found Plettenberg's Bay's Bitou Municipality to be 'effectively bankrupt' due to overpaid councilors, the fact that the council's fixed assets of R188 million were not verifiable, and the absence of internal auditing processes.

Full Article in Cape Times (May 12 2005)

Emfuleni suspends councillor over allegations of corruption

A forensic report following an investigation by forensic auditors Ramathe/Fivaz into fraud and corruption in the Emfuleni municipality, Gauteng, has fingered a councillor in the municipality "who allegedly used his influence and position to write off council debt amounting to R500 000 related to his business." According to City Press' Caiphus Kgosana the report states that the councillor had been "colluding with certain officials within the revenue department of the municipality to write off the debts." The council has since been suspended pending a disciplinary hearing.
Full Article in City Press (10 April 2005)


Industry
Whistle blower sues transport agency over his contract

Khabi Mpato, ex-chief executive officer of the graft-ridden Cross-Border Road Transport Agency (CBRTA) has been a victim of unfair dismissal following blowing the whistle on corruption within the board of 'the government agency responsible for regulating road travel between South Africa and its neighboring countries.' Just six months into the job, Mpato had quickly 'established that the board had deliberately collapsed the management and reporting structures of the public entity. Malose Monana reports that Mpato, who is now suing the agency for refusing to disburse the full unfair dismissal award due to him, has not had another job since the sacking two years ago. Mpato had channeled his grievances to various bodies, including late Transport Minister Dullah Omar, the national treasury, the auditor general, the public protector, and the media - all to no avail. He has now approached the directorate for serious economic offences as a last resort.
Full Article in Cape Times (15 May 2005)


What's R850m between friends?

Imperial's latest proposed BEE (Black Economic Empowerment) deal has raised questions of potential conflicts of interest following the report that the managing director of the Airports Company of South Africa (ACSA), Monhla Hlahla and non-executive ACSA director Lulu Gwagwa were the main participants. Citizens Julius Cobbet points out that "[t]he vast majority of Imperial's car rental business is conducted at airports [and that] Imperial is a major stakeholder in Tourvest, which has the concession for retail outlets in airports around the country." Furthermore ACSA is reported to have spent R850m in operating expenses during it 2003 financial year, benefiting two of at least six high-profile organisations on whose board Hlahla sat. This contravened the King II report on corporate governance, which prohibits a non-executive director from being "a significant supplier to, or customer of the company or group." Acsa's manager of communications, Solomon Makgale, has dismissed these allegations "as devoid of truth with a malicious intent."

Full Article in Citizen (21 April 2005)

Grant scam: Scorpions name four attorneys

A Scorpions affidavit tabled before the Grahamstown Court late last year details a sophisticated scam involving lawyers using "touts" to recruit people who were claiming state benefits, to be their clients. The affidavit contains the names of four attorneys and their firms who are implicated in the elaborate scheme that reportedly "saw them earn some R20-million in fees from dubious lawsuits." The Herald's Bongani Siqoko reports that "concerns about the influx of civil applications instituted against [the department of Social Development] by the attorneys [as well as] the attorneys' high bills for services rendered to the ["touts"]" sparked the Scorpions investigation.

Full Article in the Herald (07 April 2005)

Telkom secretly probed top bosses

City Press is in possession of a copy of the findings of a report, which reveals that two of Telkom's senior executive members, Mandla Ngcobo and Thapelo Petje, have been subject to a clandestine investigation relating to alleged corruption over the awarding of a R100m tender. Malose Monama reports that Telkom's former executive of security Brian Manning had hired a private investigations company, Associated Intelligence Network, whose report found no basis for the allegation that Ngcobo and Petje 'offered to assist a company bidding for a lucrative Telkom tender to unseat its rival.' The Telkom board has persuaded one of the executives, who offered to resign as a result of the investigation, to retain his position.
Full Article in City Press (19 June 2005)


Social Justice
Welfare: How 'ghosts' claimed R2, 75m in grants

Following a tip-off from a whistleblower the Scorpions have swooped on Roliene Whitehouse, system administrator at the Johannesburg offices of the Social Development Department from where she allegedly fleeced R2, 75-million by creating - from December 1994 to September 2004 - "beneficiaries using ID numbers, names and addresses of dead people, people who did not exist, and people who had never applied for social grants, and then induced the department to pay a monthly social grant to these fictitious beneficiaries." The Star's Jonathan Ancer further adds that an audit comparing the government's databases with the recipients of government salaries, grants and pensions has identified 37 000 civil servants who potentially "helped themselves to billions of rands worth of grants meant for children, the disabled and the elderly."

Full Article in Star (07 April 2005)

Welfare: 'Corruption and chaos' at govt refugee centre

The Home Affairs refugee office in Rosettenvile, Johannesburg, is reported to be in a serious state of disorder due to delays in the processing of applications that result in "hundreds of refugees spending nights on the pavement, waiting for officials to process applications." According to Citizen's Steven Motale the delays are deliberately engineered by Home Affairs Officials and officers from a private security company brought in to keep order in queue, "who help refugees jump the queue for a R500 bribe." Nkosani Sibuyi, Home Affairs spokesman, however "attributed the delay to "lack of capacity" and the fact that the department was transforming its Refugee Affairs Unit."
Full Article in Citizen (07 April 2005)


Housing: RDP housing scandal erupts

A City Press survey on South Africa's housing-provision machinery has identified a number of obstacles facing the construction of low-cost houses, including "corruption, sub-standard workmanship, no adherence to legislation and policy frameworks, misallocations of units, under-expenditure of allocated budgets and crime-related incidents by officials and businesspeople." City Press' Makhudu Sefara, Mandla Zulu, Russel Molefe, Mphumzi Zuzile. Matefu Mokoena, Dan Dhlamini and AENS indicate that these problems have resulted in the roll-over of more than R320 million in five provinces: Northwest (R155, 9 million), Free State (R81 million), Limpopo (R56, 8 million), Eastern Cape (R26 million), and Mpumalanga (R8, 5 million). The role-over has meant that nearly "20 000 houses that were supposed to have been built during the last financial year were not erected [and] as a result, many beneficiaries who should have received their houses long ago still face an agonising wait in their makeshift houses."
Full Article in City Press (10 April 2005)


Welfare: Banks agree to help state stamp out social grant fraud

Social Security Agency CEO Fezile Makiwane has announced to Parliament that SA's top banks have agreed to help the social development department stamp out its endemic social grant scams, which Social Development Minister Zola Skweyiya estimate to cost about R1, 5bn annually. According to a report by Tamar Kahn, the banks' preliminary investigation revealed that R60m lay unclaimed in bank accounts in the Eastern Cape, which raises concern as 'it was unlikely that poor people genuinely entitled to social assistance would leave untapped funds in their accounts.

Full Article in Business Day (23 June 2005)

Welfare: PE doctor, two women nabbed for grant fraud

A Scorpions' pre-dawn raid, which was part of the social development department's continuing Operation Social Security Grant, netted Adekunile Matthew Fagbuyi, a foreign doctor with three different passports who is accused of 'helping patients fraudulently claim state disability grants.' Fagbuyi, who has appeared in a New Brighton Court in Port Elizabeth in the Eastern Cape, together with two women from an informal settlement in the area, has been denied bail as he might skip the country. According to a report by Sipho Masondo the Scorpions confiscated disability grant forms, eleven identity books and medical documents from the doctor's practice in Kleinskool.

Full Article in The Herald (May 20 2005)

Housing: Metro hits back over AG report on housing

In what has been a long-waited response to the damning Auditor General report on irregularities in the Nelson Mandela Metro's housing programme, the metro has lashed out at the AG's report accusing it of 'not constituting an audit in terms of generally accepted government auditing standards.' While acknowledging irregularities in the filling in of housing subsidy forms, the municipality 'washed its hands of responsibility for employees who might have fraudulently applied for housing subsidies to which they were not entitled. Max Mamase reports that the AG report alleged that the metro, among other things, did not follow tender procedures in three major housing contracts, thus sparking concerns of possible conflicts of interest.

Full Article in The Herald (27 May 2005)

Crime and justice
Police: Probe into 'dirty' cops: Police captain comes under investigation

Gauteng Provincial police authorities, as well as the Sunday Star, are in possession of the identities of a police captain, his three alleged home affairs and two police accomplices, and a Burundian fugitive, who constitute an extortion syndicate that targets refugees. Michael Schmidt reports that a Johannesburg SAPS [South African Police Service] task team has taken sworn affidavits from a Burundian refugee couple, Nester Niyonzima and his wife, whom the syndicate fleeced of the equivalent of R74 000. Masquerading as an Interpol Agent, the policeman captain and syndicate kingpin allegedly forged "Interpol warrants claiming Niyonzima was wanted for stealing 149 million Burundian Francs from his Bank in Burundi, and that his wife wanted for stealing $15 000 from the US-backed NGO in Burundi where she had worked. However, four sworn affidavits signed by the prosecutor-general of Burundi declare that the couple was "not being sought on any charges by the Burundian authorities." They had in fact fled Burundi in the wake of death threats after blowing the whistle on a multi-billion dollar Burundian bank fraud.
Full Article in Sunday Star (02 April 2005)


Police: Corrupt Metro cops arrested

The number of police officials arrested for corruption has soared to 46 in just seven months, following the arrest of two more Johannesburg police officials for corruption. The police were caught in trap set after a woman reported their attempt to extort money from her. Fidelia van der Linde reports that 'of the 56 corrupt officials, 27 were arrested for reselling goods confiscated from hawkers, and others for accepting bribes and selling driver's licenses and roadworthy certificates.' To report corruption within the Johannesburg metro police one can call 011-490-1703.
Full Article in New24.com (10 June 2005)

 

 RESEARCH AND REFORM


Research: Attitudes to corruption harden while Mbeki gets a big 'yes'

Research Surveys, a marketing data company, has published results of its recent survey of South Africans attitudes towards the trail of Durban businessman Schabir Shaik as well as the arms and deal. 85 percent of the urban adults interviewed felt that inquiries into corruption in the arms deal should continue. Caroline Hooper-Box reports that a similar study carried out in January found that 74 percent of the surveyed South Africans felt that corruption was becoming a way of life. The recent survey however indicates that this figure has risen to 83 percent. The figure delineating the perception that there was corruption in senior levels of government likewise shot up from 79 to 86 percent. Similarly the approval rating of South African president Thabo Mbeki crept up to 83 percent - a remarkable increase from the 48 percent recorded in January.

Full Article in Sunday Independent (26 June 2005)

Reform: Beefed-up agency to tackle fraud

A key three-year deal with the Department of Social Development to track down rampant fraud and corruption in the department is set to bring a substantial increase in the size and budget of the Special Investigating Unit (SIU). Wyndham Hartley reports that President Thabo Mbeki had issued the SIU with a proclamation to embark on the investigations "of the payment and receipt of social assistance or benefits in respect of the deceased or fictitious persons and /or persons who do not qualify for such assistance." Government officials and/or agents "responsible for the administration and payment of social grants where there have been losses, delays or loss of control over money" will also be probed. The SIU, which has recovered R1 billion in the correctional services over the past three years, will provide the Social Development Department with 200 investigators over a period of 30 months to undertake the investigations.
Full Article in Business Day (11 April 2005)


Reform: New Agency to handle grants of payments from April 2006

Social Development Minister Zola Skweyiya has announced that by April 2006 a new Social Security Agency will take over the function of grant payments from provinces. To be established in terms of the South African Social Security Agency Act of 2004, the Agency is a bid to ' . improve the efficiency and effectiveness of grant payments', and therefore realize cost savings in the new financial year. At present governments monthly social grants bill is R3,7 billion - the annual budget for the past financial year is R44 billion.

Full Article in the Daily Dispatch

Reform: Forum plans guide to beating corruption

The National Anti-Corruption Forum (NACF) - consisting of government, business and civil society representatives has embarked on projects 'to educate South Africans on steps to take when they encounter corruption in the workplace.' According to Ernest Mabuza this will include lobbying for the reform of the Protected Disclosures Act to ensure that whistleblowers are afforded maximum protection as well as effective implementation of the Promotion of Access to Information Act. The NACF, acting upon resolutions of the 2nd National Anti-Corruption Summit held in April this year, will also produce a user-friendly guide to the Prevention and Combating of Corrupt Activities Act to be distributed amongst business people and public servants. R5,8m has been set-aside for the two-year NACF programme, which will also work toward improved co-ordination among the various agencies tasked with countering corruption. NACF chair Minister Geraldine Fraser-Moloketi recognized the recent release from office of deputy president Jacob Zuma as "an appropriate response under the circumstances" and welcomed the resignation of the five Members of Parliament found guilty of defrauding Parliament's travel system.

Full Article in Business Day (27 June 2005)

Reform: Companies face threat of 20 years on tender list

In bid to complement similar moves aimed at closing the net on white-collar criminals, government is set to introduce a new public register (in terms of the Prevention and Combating of Corrupt Activities Act) - to be maintained by the national treasury and posted on its website - to name and shame companies found guilty of offences relating to state tenders. Sanchia Temkin reports that guilty companies and non-executive directors and shareholders, who "knowingly participated in corrupt dealing or ought reasonably to have known that a tender bid was fraudulent", could remain in the register for up to 20 years. Consultant to the South African Chamber of Business, Bill Lacey, views the register of tender defaulters as an opportunity to "give the private sector "teeth to ensure that corrupt practices do not take place."

Full Article in Business Day (11 April 2005)

Reform: Ramos cracks down on Transnet corruption, 'consultants' haven'

In bid to crack down on fraud and corruption in giant parastatal Transnets tendering process, CEO Maria Ramos, has introduced a whistle-blowing system, and amended rules to prevent its "employees from bidding for company contracts." Businessday's Rob Rose reports that the parastatal "has been one of the worst-performing government assets" and had acquired bad reputation following concerns over conflicts of interest when "former Spoornet employees successfully landed Transnet tenders. Ramos, who described Transnet as a company where "corruption was still an issue", also slammed empowerment fronting in contracts awarded to outside companies.

Full Article in Business Day (08 April 2005)

 PROFILE

 

This months profile is a person not an institution or a law and is largely based on an article written by Mphumzi Zuzile in the City Press (10 April 2005):

Mr. Miki Mbali
"I have given up. If you are not connected to officials or give them bribes your grant will not be approved." For over a year Mike Mbali (67) has been traveling to the city of East London to collect his old age social grant. He however always returns empty handed to his shack next to a dumping site in Second Creek squatter camp in East London. He has now given up on trying to claim a grant. Mbali, a father of seven with severe TB collects recyclable waste at the rubbish dump to buy a loaf of bread (he earns 10c of every kilogram of waste collected). However he adds, "My main source of food is the dump site. The old bread you don't eat. I collect and eat." Since he has no fixed income he is also unable to travel to hospital to collect his TB medication. Anyway he adds, "Tell me how you are supposed to drink medicine on an empty stomach?" Two of Mike Mbalii's seven children (aged 9 and 12) do not receive there social welfare grants and no longer go to school as their father who retired in 2000 cannot afford to buy them uniforms. "I cannot send a hungry child to school. How are they going to learn on an empty stomach?"

For more on the Department of Social Development
For more on the Special Investigations Unit (SIU)
To view the co-operation agreement between the Department and the SIU

 ANNOUNCEMENTS

 

There are no announcements this month.

 

 ABOUT ISS

 

The Institute for Security Studies (ISS) is an applied policy non-profit research organisation with a focus on human security issues on the African continent.

This e-briefing is produced by the Cape Town based ISS Organised Crime and Corruption in Africa Programme, and funded by the Danish Development Agency (DANIDA) through the Embassy of Denmark as well as the Norwegian Development Agency (NORAD) through the Embassy of Norway.

Editorial Team:
Hennie van Vuuren (Senior Researcher: Anti-Corruption Strategies)
hvanvuuren@issct.org.za - Tel: 021 4617211
Andile Sokomani (Researcher: Anti-Corruption Strategies)
andile@issct.org.za
Pilisa Gaushe (Manager: ISS Corruption Resource Centre)
Nondumiso Ngengele (ISS Research Intern)

Visit the Southern African Internet Portal on Corruption
http://www.ipocafrica.org
please email:
umqoled@issct.org.za

 

 ABOUT UMQOL'UPHANDLE

 

"Corruption and misadministration are inconsistent with the rule of law and the fundamental values of our Constitution. They undermine the constitutional commitment to human dignity, the achievement of equality and the advancement of human rights and freedoms. They are the antithesis of the open, accountable, democratic government required by the Constitution. If allowed to go unchecked and unpunished they will pose a serious threat to our democratic state". President of the SA Constitutional Court (Judge Arthur Chaskalson), 2000

Umqol uphandle - SA Corruption Briefing, a monthly free e-briefing, aims to document and inform on instances of corruption in South Africa and the SADC region and assist in raising the debate around effective anti-corruption strategies - with a South African perspective. Published by the ISS - Organised Crime and Corruption Programme, Umqol uphandle highlights the results of relevant research, initiatives to combat corruption as well as a snapshot of recent corruption related stories, which have appeared in the media. Each edition features the top corruption related story from the SADC region as well as a short profile on a key anti-corruption agency, organisation or instrument.

Umqol uphandle is inspired by a Xhosa proverb meaning "the moment when something which has been hidden is revealed".