Red tape delay hinders SIU’s lottery corruption probe
An application submitted by the unit almost 15 months ago to amend the presidential proclamation authorising the probe is still pending.
South Africa.- The Special Investigating Unit’s (SIU) bid to widen its lottery corruption investigation past 2020 is being slowed by bureaucratic hurdles. An application submitted by the unit almost 15 months ago to amend the presidential proclamation authorising the probe is still pending with the Department of Justice and Constitutional Development (DOJCD), and awaits submission to President Cyril Ramaphosa for a decision.
On October 20, 2020, President Ramaphosa signed a proclamation authorising the SIU to investigate alleged corruption involving grants awarded by the National Lotteries Commission (NLC) between January 1, 2014, and November 7, 2020. However, subsequent audits by the NLC have uncovered additional instances of fraud, corruption and procurement irregularities worth hundreds of millions of rand beyond the timeline specified in the proclamation.
While these findings necessitate expanding the SIU’s investigation, the narrow scope of the original proclamation has restricted the SIU’s ability to investigate NLC procurement, appointments and grants that fall outside the designated timeframe.
Now, the SIU’s amendment application, which would grant it the power to fully probe the previous NLC administration’s alleged mismanagement of funds, remains in limbo.
A recent report published by the Institute for Security Studies (ISS) attributes the unnecessary delays in the SIU proclamation process to red tape.
To proceed with an investigation, the SIU must assess complaints against the SIU Act to determine jurisdiction, and, if valid, submit a proclamation request to the president through the DOJCD.
A directorate in the DOJCD will then review the SIU’s proposal for jurisdictional compliance and feasibility. If approved, it is forwarded to the Director-General, who may escalate it to the Deputy Minister, Minister, and ultimately the President for final approval.
The ISS notes that these delays hinder the SIU Act’s objective of swift recovery of state funds, and that the DOJCD’s lengthy approval process, involving multiple officials, is based on executive decisions rather than statutory requirements.
