DCS: too many delays in dealing with corruption
The Special Investigating Unit (SIU) has investigated alleged substantial fraud and corruption in the awarding of a catering contract in 2004 to Bosasa by the Department of Correctional Services (DCS). However, this matter has not been dealt with until recently because of constant delays. The SIU report was handed to the National Prosecuting Authority (NPA), however the NPA confirmed in a letter yesterday, that the police needed to investigate the matter before the NPA could act. The Department of Correctional Services had however, not opened a docket with police in order for them to investigate, all leading to unacceptable delays. Whilst these departments are splitting hairs and dilly dallying, the corruption and fraud allegations remain looming, placing serious doubt on the government's commitment to fighting corruption.
The SIU referred its report on alleged corruption and fraud at the DCS relating to Bosasa to the NPA on the 30 September last year. This was then forwarded to the police's Serious Economic Offences Unit in December last year. Because of the delay in prosecuting the matter, the portfolio committee on correctional services wrote a letter to the NPA to enquire about the reasons therefore. Yesterday, members of the portfolio committee received the reply from the National Director of Public Prosecutions, Menzi Simelane. Mr Simelane stated that the DCS had to open a docket with the police, who would then need to conduct an investigation, before the NPA could act. As there had been confusion, the DCS had not opened a docket, leading to further delays. The docket was finally opened and Mr Simelane confirmed that, "some statements have been taken and the investigation is under way by the police".
The Special Investigating Units and Special Tribunals Act (74 of 1996) states that, "if, during the course of an investigation, any matter comes to the attention of the Head of the SIU which, in his or her opinion, justifies the institution of legal proceedings by a State Institution against any person, he or she may bring such a matter to the attention of the state attorney or the institution concerned", meaning that the NPA could possibly have dealt with this directly some 6 months ago.
The point of the matter is, that while the NPA is splitting hairs on procedure, and the confusion within the DCS caused a delay in opening dockets, there has been a failure to act on what appears to be substantial corruption and a national disgrace. In the meantime, the company implicated continues to enjoy multi-million rand DCS contracts.
Had it not been for the persistent enquiries of the portfolio committee, this matter might have gone on for much longer. The failure to act timeously on this matter completely undermines public confidence in the commitment by the government, the DCS and the NPA to tackle corruption head on.
Statement issued by James Selfe, MP, Democratic Alliance shadow minister of correctional services, March 11 2010
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