NPA's decision not to prosecute Sassa fraud raises concerns over accountability

IOL News

2 days ago

South African Social Security Agency has not completed lifestyle reviews, investigations, and audits have on the 11 implicated officials in compliance with remedial action by Public Protector Kholeka Gcaleka
Image: File
The National Prosecuting Authority (NPA) has declined to prosecute fraud and corruption in connection with the multi-million contract awarded by the South African Social Security Agency (Sassa) to Azande Consulting citing lack of prospects of success.
This was revealed by the Police Ministry when it was responding to parliamentary questions from DA MP Alexandra Abrahams when she enquired whether the Hawks received request to probe possible bid rigging and corruption.
This was after then acting Public Protector Kholeka Gcaleka found in 2022 that Azande Consulting should have been disqualified as it did not meet the requirements for the door-to-door survey performed as part of the Integrated Community Outreach Programme in nine provinces over a period of three years.
Gcaleka also found that Sassa's Bid Adjudication Committee failed to do due diligence for an appointment made by the Bid Evaluation Committee, prior to accepting and approving Azande Consulting as one of the preferred bidders.
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The Bid Evaluation Committee and Bid Adjudication Committee failed to implement controls during the evaluation and adjudication of the bid to avoid irregular, fruitless and wasteful expenditure, she said.
In her remedial action, Gcaleka referred to the DPCI to consider conducting criminal investigation for possible bid rigging and corruption. Gcaleka also said that the Sassa CEO should consider conducting periodic lifestyle audits on 11 implicated officials and take action against them for breaching the institution's code of conduct.
In its reply, the Police Ministry confirmed that the Directorate for Priority Crime Investigation received a request to conduct a criminal investigation in the matter that related to possible fraud and corruption.
It also said the matter was officially reported to the DPCI by the Department of Social Development in August 2021 and a comprehensive investigation was conducted.
'The investigation was finalised, and the matter was submitted to the National Prosecuting Authority (NPA), on 2024-04-03, for a prosecutorial decision. Following a review of the evidence presented, the NPA declined to prosecute on 2024-12-12, citing no prospects of successful prosecution,' the ministry stated.
Meanwhile, Social Development Minister Sisisi Tolashe said the lifestyle reviews, investigations, and audits have not yet been completed on the 11 implicated officials in compliance with Gcaleka's remedial action.
Tolashe said Sassa has to develop a draft policy framework to guide the implementation of lifestyle audits and reviews.
'This policy is essential to ensure that such reviews are conducted in a manner that is legally sound, procedurally fair, and aligned with best practices in public administration.'
She said internal consultations for the draft policy have concluded, with final approval expected by June 2025 and that Sassa was in the process of appointing a suitably qualified and independent service provider to conduct the lifestyle audits.
'Sassa is also undertaking the security vetting with State Security Agency and of the 11 employees, four have completed their vetting process and security clearance issued.
'One is in progress, two outstanding and four have left the employment of Sassa through resignation or retirement.'
Tolashe further said once the policy was approved and the service provider is appointed, Sassa will initiate the lifestyle audits and investigations of the 11 officials identified in the Public Protector's report.
'Sassa remains committed to upholding the principles of good governance, transparency, and accountability,' she said.
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