Lifestyle audits to combat corruption: NPA's new directive for senior managers

The National Prosecuting Authority (NPA) and the Department of Justice and Constitutional Development are set to conduct lifestyle audits on all senior managers when “red flags” are picked up during the financial disclosures process done within the public service.

The announcement was made by Justice and Constitutional Development Minister Mmamoloko Kubayi while she responded to parliamentary questions from ANC MP Tshiamo Tshotetsi.

Tshotetsi sought clarity on the progress made on lifestyle audits that had been conducted on officials within her department, including those of the NPA.

Kubayi confirmed that she has consistently championed the implementation of lifestyle audits as a necessary measure in combating corruption across the justice sector.

“This is in line with the president’s directive in the State of the Nation Address of 2022 for all senior managers in the public service to undergo lifestyle audits, to detect any employees, especially prosecutors, who may live beyond their means or pose a fraud and corruption risk,” she said.

In a bid to bolster the integrity of prosecutors and quell public concern, Kubayi has instructed the NPA to conduct thorough audits that will extend beyond merely reviewing annual financial disclosures.

“I have directed the NPA, including the Department of Justice and Constitutional Development and all other entities in the justice portfolio, to go a step further from the Department of Public Service and Administration’s prescribed lifestyle reviews and annual financial disclosures.

"(They must be) conducting lifestyle audits regardless of whether there is a red flag identified in the lifestyle review process,” she said.

In response to the directive, the NPA has engaged the Special Investigating Unit (SIU) to assist in the comprehensive audit process. 

“Based on the SIU presentation, the cost estimate for 240 senior management service (SMS) employees is R38.6 million.

“The NPA has therefore decided to re-prioritise its budget and phase in the enhanced lifestyle audits over at least two financial years,” Kubayi said.

In the interim, the NPA is conducting lifestyle reviews and investigations in line with the Department of Public Service and Administration guidelines.

This involves NPA’s ethics officers comparing disclosed information against various third-party databases, such as Gift Registers, Declaration of Interest Registers, Remunerative Work Database, Companies and Intellectual Property Commission, eNatis, Deeds Registry, and the Central Supplier Database, to ensure a robust verification process."

Kubayi said this exercise is undertaken yearly on SMS members who file financial disclosures on the eDisclosure system.

“When there are any red flags, these cases are investigated.”

Kubayi said disciplinary measures are taken against those who fail to comply with the lifestyle audit requirements and the e-disclosure system.

“Where the lifestyle audit reveals criminal conduct, the matter is referred to SAPS to investigate,” she added.

However, Kubayi said no cases have been referred to SAPS relating to the lifestyle review process.

Meanwhile, the department will soon also commence with the process of conducting lifestyle audit of officials.

The initial phases of the lifestyle audits will focus on high-risk areas, specifically Information Technology and supply chain management.

“The project will be conducted in three phases, and a quarterly report will be made available to relevant functionaries as when the results are issued,” said Kubayi.

mayibongwe.maqhina@inl.co.za