Journal of Studies in Social Sciences and Humanities (Mar 2023)
The Mandate of Forensic Investigations Unit in the Fight Against Fraud, Corruption, Financial Misconduct, Irregularities and Maladministration in the Public Sector of South Africa
Abstract
This article examines the mandate of Forensic Investigations Unit in the fight against fraud, corruption, financial misconduct, irregularities, and maladministration in the public sector of South Africa. Fraud, corruption, financial misconduct, irregularities and maladministration in public service have dire consequences to the lives of ordinary South Africans as these offences derail government efforts of improving the delivery of services such as construction of roads, access to clean water, electricity and housing. Thus, section 85(b) of the Public Finance Management Act, 1 of 1999 (PFMA) requires the Minister of Finance to craft regulations stipulating matter relating to the investigations of allegations of financial misconduct. The study employed a qualitative research approach including thoroughly revised several legislations such as Acts, regulations, policies and frameworks. Eight (8) participants from Forensic Investigations Units ranging from state departments/ institutions were interviewed using open-ended interview questions. The study followed purposive sampling as participant were selected purposively. The study found that it is the responsibility of Minister of Finance to craft regulations stipulating matter relating to the investigations of allegations of financial misconduct in the public sector. The study recommends the amended of Public Service Act of 1994 (PSA) interchangeable with Part three of Public Service Regulations of 2016 (PSR), PFMA and Treasury Regulations of 2001 to provide a Forensic Investigations Unit with clear mandate as these Acts and regulations remain silent on investigations performed by internal Forensic Investigations Units of the government departments/ institutions including State-Owned Entities (SOEs).
