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LEGAL cont.
Of the 103 continuing RIs received, the top six types of RIs most
frequently reported, categorised by nature, were:
(Note that in many cases a second report received would identify
more than one RI)
Unlawful Act or Ommission
Reporting Frequency Regulator(s) Informed
-Financial statements not prepared/not approved within the alloted
timeframe.
54.9%
The South African Revenue Service
(SARS), the Financial Sector
Conduct Authority (FSCA) and
the Companies and Intellectual
Property Commission (CIPC).
-Various Companies Act contraventions, e.g. reckless trading,
breach of directors’ fiduciary duties, irregular financial assistance to
directors, AGM-related irregularities, etc.
17.2%
CIPC
-Tax and VAT-related contraventions (e.g. non-submission of tax
returns, failure to register for tax, non-payment of PAYE, etc.).
14.8%
SARS
-Non-registration for UIF-purposes.
2.5%
The Department of Labour, SARS
and the Department of Basic
Education.
-Suspected fraud and/or theft, and contravention of the Prevention
and Combatting of Corrupt Activities Act (PRECCA).
2.5%
The Directorate for Priority Crime
Investigation,
the
Financial
Intelligence Centre (FIC), etc.
-Contraventions of the Estate Agency Affairs Act.
1.6%
The Estate Agency Affairs Board.
-Other (e.g. contraventions of the Financial Intelligence Centre Act,
the Sectional Title Schemes Management Act, the Johannesburg
Stock Exchange Listing Requirements, etc.).
6.5%
The FIC, the Community Schemes
Ombud Service, the Johannesburg
Stock Exchange, etc.
GAUTENG PUBLIC ENGAGEMENT WORKSHOP
ON THE DEVELOPMENT OF THE NATIONAL ANTI-
CORRUPTION STRATEGY
The IRBA attended a public engagement workshop that was held
on 5 June 2018 in Parktown, Johannesburg, and which focused
on the continued development of the proposed National Anti-
Corruption Strategy.
Speakers on the day included Dr Ismail Vadi, who is currently the
MEC for Roads and Transport; and Dr Terence Nombembe, who is
the chairman of the Gauteng Ethics Advisory Council. A common
view expressed by the speakers who presented on the day as well
as by the attending delegates was that corruption is a multi-faceted
societal challenge that needs to be opposed in a coordinated
manner by not only the government but also by the business sector
and civil society organisations. This common view is also reflected
in the National Development Plan, which advocates for a societal
approach to prevent and combat corruption.
The purpose of the workshop was to elicit comments on the
proposed National Anti-Corruption Strategy and also solicit
provincial stakeholder input on the nine National Strategy Pillars
that have been included in the draft document. These proposed
pillars are:
- Pillar 1: Support citizen empowerment;
- Pillar 2: Development of sustainable partnerships with
stakeholders;
- Pillar 3: Improve transparency by government, business and
civil society sectors;
- Pillar 4: Improve the integrity of public procurement systems;
- Pillar 5: Support the professionalization of employees;
- Pillar 6: Improve adherence to integrity and consequence
management;
- Pillar 7: Strengthen oversight and governance mechanisms
in the government sector;
- Pillar 8: Strengthen the resourcing, cooperation and
independence of dedicated anti-corruption agencies; and
- Pillar 9: Vulnerable sector management.
Attendees broke into three separate commissions, with each
commission tasked with discussing and disseminating different
aspects of the draft strategy document. Feedback on discussions
held indicated a shared sentiment among delegates that greater
emphasis needs to be placed on educating young people at
grassroots level on the detrimental effect that corruption has on
communities. This should be prioritised in an attempt to change the
current behavioural patterns of society as these relate to attitudes
displayed towards crimes of a commercial nature.
Concerns were also expressed regarding the perceived lack of
stability in the leadership structures of key crime-fighting agencies
as well as in relation to the current mandate of the Public Service
Commission when viewed in light of promoting high standards of
professional ethics at local municipality level. It was also stressed
by the rapporteurs that the delegates were generally of the opinion
that, in order for it to achieve its intended goals, the National Anti-
Corruption Strategy will need political buy-in and the full support of
the Presidency.
Issue 42 | April - June 2018
14