LESSONS LEARNT ON ANTI-CORRUPTION

CASE STUDY ON THE SOUTH AFRICAN NATIONAL ANTI-CORRUPTION FORUM: ANNEXURE A - MEMORANDUM OF UNDERSTANDING: ESTABLISHMENT OF THE NATIONAL ANTI-CORRUPTION FORUM

 Preamble  

WHEREAS the National Anti-Corruption Summit held in Parliament, Cape Town, on

14 - 15 April 1999, recognized the serious nature and extent of the problem of corruption in our society;  

AND WHEREAS the delegates to the National Anti-Corruption Summit committed themselves to develop a culture of zero tolerance of corruption;  

AND WHEREAS it has been resolved at the National Anti-Corruption Summit that sectoral cooperation is required for the prevention and combating of corruption;

AND WHEREAS it has been resolved at the National Anti-Corruption Summit that various measures and sectoral cooperation are required to prevent and combat corruption;

NOW THEREFORE a National Anti-Corruption Forum is established.

The founding of a National Anti-Corruption Forum

  • A non-statutory and cross sectoral National Anti-Corruption Forum (hereinafter “the Forum”) is established:
  • To contribute towards the establishment of a national consensus through the co-ordination of sectoral strategies against corruption;
  • To advise Government on national initiatives on the implementation of strategies to combat corruption;
  • To share information and best practice on sectoral anti-corruption work;
  • To advise sectors on the improvement of sectoral anti-corruption strategies;

The members of the Forum  

  • The Forum shall consist of thirty (30) members on the basis of ten (10) representatives from each of the sectors envisaged in the resolutions of the National Anti-Corruption Summit.
  • The members of the Forum shall be fit and proper persons who are committed to the objectives of the Forum and who shall serve as members on a voluntary basis. Such representatives shall be suitable leaders within each sector.
  • The forum shall appoint a Chairperson with two deputies from the other representative sectors.
  • Each sector shall ensure that members of the Forum are representative of all constituent parts of the sector and that members provide continuity in their contributions to the work of the Forum.
  • The Minister for the Public Service and Administration will convene members of the Public Sector.

Convening the Forum

  • Meetings of the Forum shall be convened by the Forum. Any sector represented in the Forum may call for a meeting of the Forum.
  • The Forum shall be assisted by a secretariat provided by the Public Service Commission.
  • The Public Service Commission shall at the first meeting of the Forum submit a proposal to the Forum on the manner, nature and impartiality of support of the secretariat.
  • The Public Service Commission shall, under the guidance of the Forum, convene an Anti-corruption Summit on a bi-annual basis.
  • The Forum shall consider its composition, capacity and continued functioning after one year.

Functions of the Forum

  • The functions of the Forum shall be to do all such things as are reasonably possible to achieve its objectives as set out in paragraph 1 above. The Forum shall at its first meeting adopt a plan of work in order to achieve the objectives set out in the Memorandum of Understanding.  

Reporting

  • The Public Service Commission shall prepare an annual report on the activities of the Forum. The annual report must be approved by the Forum. The Public Service Commission shall publish the annual report, including to Parliament, at the bi-annual Anti-corruption Summits and on the Public Service Commission’s official Website.
  • Any report by the Forum shall be distributed by the members of the Forum to the entities they represent to be made as widely available as is reasonably possible.

Expenditure

The Public Service Commission will bear all expenditure emanating from secretarial support, excluding the cost of publication and printing of annual reports. Each sector undertakes to bear all costs related to the attendance of Forum meetings and the bi-annual Summits. The Public Service Commission will strive to obtain donor funds and sponsorships for the activities of the Forum and the bi-annual Summits.