Annual Report 2004/05 - Special Investigating Unit

ANNUAL REPORT 2004/05
NATIONAL INVESTIGATIONS
Department of Justice and Constitutional
Development
On 25 July 2003 the SIU received a proclamation to investigate
allegations of fraudulent activities at 40 magistrate’s courts and
regional offi ces nationally. The proclamation mandated the SIU to
investigate the following:
• serious maladministration in connection with the affairs of the
Department;
• improper or unlawful conduct by offi cials of the Department;
• unlawful appropriation or expenditure of public money or property;
• unlawful, irregular or unapproved acquisitive act, transaction,
measure or practice having a bearing upon state property;
• intentional or negligent loss of public money or damage to public
property;
• corruption in connection with the affairs of the Department;
• unlawful or improper conduct by any person, which has caused
or may cause serious harm to the interests of the public or any
category thereof during the proclamation period (1 January 1996
to 25 July 2003).
Some of the key findings of the national project to date are:
• the theft of trust and estate monies (bail, maintenance, etc);
• non-performance of financial reconciliations;
• unaccounted for cash shortages;
• lack of accountability within systems and processes at the courts;
• irregular use of volunteer workers at courts;
• syndicated corruption and fraud with links to organised crime within
some of the courts.
The investigations have proved to be quite complex and timeconsuming
requiring detailed audits of the existing processes and
procedures within courts. To date the SIU has finalised 50% of the
40 courts. Since December 2004 the SIU has paid particular attention
to courts within KwaZulu-Natal. These investigations are being
conducted by the SIU regional office in KwaZulu-Natal.
Results and achievements
Recoveries (AODs) Criminal referrals Disciplinary referrals
R548 000 49 54
The SIU had employed 42 investigators countrywide for the duration
of the project. The project entailed conducting forensic investigations
based on fi ndings contained within Auditor-Generals reports on the
various courts. The scale of the investigation required a joint effort
with other corruption-fi ghting agencies to expedite criminal and civil
action resulting from the investigations. Partnerships were, therefore,
established with SAPS, DSO and AFU.
Systemic recommendations, with a view to effecting improvements
in the systems and processes at courts, have been submitted in 22
reports to DoJ&CD.
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