Home Affairs to use corrupt officials’ pension funds to recoup fraud costs

Home Affairs plans to recoup the cost of failed objectives from the officials responsible.

A multi-disciplinary task team have been studying the work of the department, searching for ways to tighten efficiency.

Human error in the processing of documents was a large area of concern, creating the perfect breeding ground for fraud and corruption.

Focus on visa and permit applications

The task team focused their energies on 25 functions of Home Affairs offices.

The three panellists giving their presentation to the Portfolio Committee on Home Affairs on Tuesday, 29 October, were data analyst Warwick Meier, Director of CAJV Rose Bishop and Head of Legal Ricky Singh.

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Meier found that of 51,000 various types of applications that were initially rejected, 11,000 were subsequently approved in a follow-up application.

Bishop said gross negligence or fraud on the part of adjudicators was found and this was referred to the Hawks.

“Notwithstanding that we are referring the matters for criminal persecution against the parties concerned, that we also start hurting the pockets of the officials in that we find a mechanism to be able to recover those costs from the official’s pension funds based on the outcomes of the disciplinaries,” Bishop told the portfolio committee.

Management of disciplinary hearings

In analysing the legal processes of holding officials accountable, Singh noted a bargaining council loophole had been exploited since 2003.

He explained that the department had for the last 21 years been unable to appoint external chairpersons or legal representatives.

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The department this year had as many as 10 cases before the bargaining council and by focusing their resources on just one case, were able to challenge the 2003 ruling in the Labour Court.

Singh confirmed the labour court had recently ruled in the department’s favour, determining that exceptional circumstances can justify a deviation from the resolution.

This recently led to one individual being found guilty of 105 counts of gross misconduct involving the illegal registration of birth certificates and has been dismissed.

The department will look to recover some of the costs involved through the official’s pension fund.

“We are allowed within the law as a department to do that and we will exercise that right under the direction of the DG [director-general]”, confirmed Singh.

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