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Health Sector Anti-Corruption Forum
KEEPING A WATCHFUL EYE on all state assets
By Advocate Andy Mothibi CHIEF EXECUTIVE AND HEAD, SPECIAL INVESTIGATING UNIT A dvocate Andy Mothibi’s role as the head of the Special Investigating Unit (SIU) is a pivotal one in the fight against fraud, corruption and the maladministration of state institutions, assets and public money.
Established in 1996, the SIU also enforces anti-corruption legislation and encourages good governance practices within state institutions. Mothibi was appointed head of the SIU in May 2016.
As head of the SIU, one of the key law enforcement agencies under the Department of Justice and Correctional Services,
The role of the SIU is to investigate allegations of and collect evidence regarding acts of fraud, corruption and maladministration or omissions related to investigations, with a view to instituting civil proceedings for the recovery of losses suffered by the state. It also plays a critical role in the prevention of future losses.
he is responsible for determining the procedures to be followed in conducting an investigation; and for charging and recovering fees and expenses from a state institution for anything done in contravention of the SIU Act.
Mothibi also provides strategic leadership in respect of the methodology of investigations, ensures the implementation of SIUapproved structures and the allocation of resources to implement its strategy.
Following his successful career, Mothibi is more than up to the task. He served as a public prosecutor and magistrate before joining the then Department of Finance. He has also held top positions at the South African Revenue Service (SARS), South African Airways, Nedbank, Standard Bank, Medscheme Holdings and the AfroCentric Group.
As part of contributing to the prevention of corruption, the SIU conducted a corruption: vulnerable sectors risk assessment. The health sector was prioritised for attention. To this end, the Health Sector AntiCorruption Forum (HSACF) was established consisting of government, health sector
representatives including BHF, civil society and labour representatives.
The common root cause in all the key vulnerabilities that were identified was ‘collusion among stakeholders’. Hence, the key mitigation plan identified through the risk assessment was a multi-sector collaboration in the form of the HSACF, which comprises health sector regulators, law enforcement agencies, civil society, and the public and private sectors.
The President of South Africa officially launched the HSACF on 1 October 2019. Its main objective is to collaborate with various stakeholders in the fight against fraud and corrup- Advocate Andy Mothibi, Chief Executive and Head, Special Investigating Unit tion, identify areas of co-operation to enhance prevention, detection and parties with regard to the key vulner- have government contracts declared prosecution of fraud and corruption in abilities that have been identified in invalid or set aside. In November 2019, the health system. the healthcare sector and how best the SIU’s special tribunal received its to address the consequences of such first batch of cases and commenced
The HSACF has adopted the terms of vulnerabilities through, inter alia, crim- with civil proceedings against governagreement that govern the interaction inal prosecution and civil litigation. ment departments and state organs and co-operation among all stake- to recover billions looted from the holders that participate in the forum. SPECIAL TRIBUNAL state. As of now, 42 cases are being
These embody the understanding of President Cyril Ramaphosa estab- reviewed by the special tribunal to the the parties with regard to a relation- lished a SIU special tribunal in Febru- value amount of R6.9 billion. ship of collaboration, consultation, ary 2019 to fast-track the recovery of mutual support and co-operation. funds lost to the state from corrup- STATE CAPTURE MATTERS tion or irregular spending. In these The SIU’s governance committee
They further serve to strengthen and matters the SIU would ordinarily is also keeping a close eye on the formalise a relationship between the have gone the civil litigation route to Commission of Inquiry into Allegations of State Capture, and is analys“ If anything falls within our processes we will apply for a presidential proclamation. If granted, we will ensure that people face the consequences of their actions. “ ing testimony to determine if anything falls within its processes. “If anything falls within our processes we will apply for a presidential proclamation. If granted, we will ensure that people face the consequences of their actions,” Mothibi concluded.
