Justice and Constitutional Minister Mmamoloko Kubayi.
Image: GCIS
Justice and Constitutional Development Minister Mmamoloko Kubayi has raised the question of the threshold on the value of investigations when proclamations are requested for investigation by the Special Investigating Unit (SIU).
Kubayi said her office was committed to ensuring that the SIU is supported and is able to do its work without hindrance.
“We try our level best to ensure that matters are processed timeously,” she said in reference to the processing of applications for the proclamations that are sent to the Presidency.
On Friday, Kubayi, her department, and the SIU briefed the Standing Committee on Auditor-General regarding the matters referred by Auditor-General Tsakani Maluleke for investigation.
Kubayi said she has noticed that when the SIU makes a submission to her department, she would sign and recommend it to President Cyril Ramaphosa for a proclamation.
“Sometimes there is to and fro,” she said.
Kubayi also said she has requested the SIU and her department to share with her where there are difficulties and challenges so that she can intervene.
“There is one that I had to deal with, where it was found that the value of the investigations is lower than the cost of the investigation. It is one of the challenges that we consistently have to deal with.”
Kubayi also said the SIU would conduct an investigation based on a narrow proclamation, only to find issues requiring further investigation.
“They must reapply for an extension of the proclamation, and one of the issues, perhaps, as they draft the proclamations and send them through for recommendation, let's do them broadly enough.”
The department’s Acting Director-General, Kalay Pillay, said there must be some kind of threshold in terms of investigations.
“The R2.5m is but one. If there are other factors that point to systemic issues around corruption, failing procurement processes, or just actions of an individual within a particular entity, it does not mean R2.5m in our work would be a bar to an investigation,” Pillay said.
Maluleke said she has taken to heart the observations of the department on the size of the matters referred to the SIU for investigation.
Maluleke said her office gazetted regulations in support of implementing the new powers dealing with material irregularities and referrals.
“Those regulations stipulate that transactions meet material irregularities when we assess, and financial losses hit the number of R1m. The SIU is looking to consider R2.5m and above. There is some complexity around how we have to deal with matters that are under R2.5m or even R10m, but then still meet R1m.
“Maybe it is time to relook that R1m but that is a debate, I think, we need to have between ourselves as AGSA and the Standing Committee on Auditor-General,” Maluleke said.
SIU Acting Head Leonard Lekgetho said whenever they get a referral, there are already referrals available that were consolidated and make sure they meet their delegations.
“We take note of the requirement. This calls for us to have an engagement with the department to map the way forward in terms of making sure our matters are dealt with speedily, and also address challenges they have about our matters. It is something to take up with the department,” Lekgetho said.
The department told the MPs that out of nine requests for proclamations from the SIU, these were consolidated into six.
Kubayi has yet to decide on a request for a proclamation on Mangaung Metro, Department of Military Veterans, Northern Cape Roads, Public Works Department, and Education Department.
The request for Tlholo, Malebogo, and Caleb Motshabi primary schools in the Free State has been consolidated into one.
The proclamation on the Private Security Industry Regulatory Authority has been signed by Ramaphosa and will be published soon.
Lekgetho said the SIU reported that out of 32 material irregularities referred to the SIU by Maluleke, eight proclaimed investigations have since been finalised, nine are still ongoing, and one is a secondment.
There were nine motivations for proclamations that were under consideration by the Department of Justice and Constitutional Development; five were being prepared for assessment against the jurisdictional requirements of the SIU and Special Tribunal Act.
He also said the corruption-busting body has recovered R6.9 million, and R26.5m could still be recovered, and matters valued at R25m were referred for civil proceedings.
There were 43 referrals to the National Prosecuting Authority, 58 disciplinary referrals, and 16 administrative action referrals.
mayibongwe.maqhina@inl.co.za