Parliament, Wednesday, 14 May 2025 – The Portfolio Committee on Water and Sanitation is mystified by policy and legislative gaps that allow companies under investigation to continue bidding for projects. The committee received a detailed presentation from the Special Investigating Unit (SIU) and the department on the status of disciplinary hearings, including cases investigated by the SIU.

While the committee acknowledges the progress in ensuring consequence management within the department, it remains concerned about the long process to blacklist companies involved in wrong-doing and regulatory gaps that allow companies to bid and be awarded tenders, even after they have been implicated in malfeasance. “It is counterintuitive that companies that have been involved in wrongdoing are still able to get contracts, which negates the entire corruption-fighting programme. Also, the long blacklisting process does not aid the effort to end corruption,” said Mr Leon Basson, the committee Chairperson.

The committee welcomed the SIU’s assurance that the special tribunal is a welcome intervention that has helped by freezing the pension benefits of officials under investigation, which enables the state to recoup its losses. With these successes in mind, the committee agrees with observations that the creation of specialised courts might assist in dealing with corruption, especially in light of the huge case backlog within the High Court system. “Those who are corrupt are abusing the court system with the knowledge that they can delay unduly the court process, thereby delaying accountability. The criminal justice system must come up with alternatives such as a specialist court to ensure a rigorous and expeditious corruption-fighting process,” Mr Basson emphasised.

Meanwhile, the committee welcomes the various sanctions imposed on officials, including the dismissal of corrupt elements within the department. Also, the important recovery of an amount of R1 307 861.87 through civil recovery processes and a judgment of R27 510 067.17 in favour of the department, which ensures that the state has the resources it needs for service delivery. “Effective consequence management is the only potent tool against corrupt individuals who are only concerned about their selfish needs at the expense of quality service delivery. All state employees must know that any act of malfeasance will be rewarded with dismissal and possible criminal case,” Mr Basson emphasised.

Nonetheless, the committee is concerned about the duplication of investigations that delay consequence management. The committee finds it concerning that even after an extensive investigation by the department and the SIU, the matter must then be referred to the South African Police Service for further investigation, which delays consequence management still further. The committee has thus called for prosecution-led investigations to ensure the speedy prosecution of wrongdoers.

Meanwhile, the committee welcomed the reduction in instances of irregular, fruitless and wasteful expenditure within the department using risk-based mitigation strategies. The committee has highlighted that internal controls should be constantly reviewed to ensure responsiveness to new trends that seek to undermine effective supply-chain processes.

Furthermore, the committee remains steadfast in the view that regular lifestyle audits must be undertaken, especially within the supply-chain management environment, to detect officials who might be using their positions to enrich themselves. “The scourge of corruption can only be undercut through effective consequence management and preventative interventions, such as lifestyle audits,” Mr Basson concluded.

ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON WATER AND SANITATION, MR LEON BASSON 

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