Authored By: Siphokazi Thandolwethu Noluvuyo Cele
University of South Africa
Introduction
Many cases have been pending and some ruled against over 200 SASSA employees who have been found guilty of fraud and corruption. The findings have not clearly stated if this erupts because of unemployment, the legibility of it, the long application process or low-income issue. The government has been trying for many years to provide social-relief grants to help many people in the country who are needy.
It seems in all government sectors, crime increases daily. Many SASSA employees are found involved in fraud and corruption resulting in them getting fired and acquiring criminal records. The same crime has caused pain and poverty to many homes who fall victims when they are already under-privileged.
SASSA grants and how they are acquired
What are SASSA grants?
SASSA is well known as the South African Social Security Agency which falls as social security right under section 27 of the Constitution of the Republic of South Africa. The state ensures the right to have access to health, food water and social security and ensures to take legislative measures to achieve access to these rights in progressive realisation. Social security requires social assistance and social insurance as ways to achieve providing for the needy people, a form of protection from economic and social distress. The Department of Social Development together with the health department receive a state budget to release grants accordingly. The grants include child support grants, foster-child grant, care dependency grant, old-age grant, disability, grant-in aid and many others established under South African Social Security Agency Act 9 of 2004 and Social Assistance Act 13 of 2004.[1]
The legibility for SASSA grants
The system is plain and strives to achieve on shortcomings as financed through government workers tax revenue. A safety net is provided and is then divided as per category and paid through on different dates. Not everyone though qualifies, one must pass means test before receiving SASSA grant. They must apply, provide supporting documents and household financial details and must be South African citizens and of required age frame.[2]
The legal framework
SASSA operates under section 27 which states:
Health care, food, water and social security
Everyone has the right to have access to
health care services, including reproductive health care; sufficient food and water; and social security, including, if they are unable to support themselves and their dependants, appropriate social assistance.
The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights.
No one may be refused emergency medical treatment.[3]
The SASSA Regulations is also involved in verifying legible application, confirms all the provided documents and set final reviews for the legibility.
The SASSA Act and the Social Assistance Act deals with exercising means tests and setting out a financial budget.
The Constitution allows legible citizens to have access to social security. No one must be denied this right as long as they are in need and suffer from poverty and therefore seeks protection and assistance. The unemployment rate gives rise to the high demand for the SASSA grants. The SASSA employees have taken upon themselves to take advantage of the poor people by using them to do crime and steal from the government funds meant to support the people. This indicates a lack or gap in the administrative work in the Social Development system. It should be overlooked as it causes problem in the government system. Not only the victims are the poor people, but the tax-payers as well.
FRAUD AND CORRUPTION INVOLVING SASSA GRANTS
Means Test
A test for eligibility is manipulated. Before qualifying for a social grant, applicants need to provide household income documents to prove they are needy. People bribe officials to manipulate the means test to qualify for the grants when they are not deserving of it. Some skip the means test step.
Identity theft
People steal people’s identity documents and make fake applications. Sometimes they create fake documentation or revoke identity of dead people and apply grants for them. They also create ghost beneficiaries and provide fraudulent death certificates. Funds are wasted as they are given to non-existing people.
Banks
The bank workers are involved in SASSA fraud as they provide for bank details of other people without their permission. They allow for verification of fake banking documentantion.
SASSA officials
SASSA officials are the key pins of this fraudulent syndicate. Many arrests have been made against SASSA employees. The interviews show that the cause of all this fraud is low-income grievances and to some it is just greed. The amount of work is bigger than the money they receive so they decide to make ways to get money. They allow for fake verifications, stealing of grant funds, help create ghost beneficiaries and also make double payments to same beneficiaries. The officials accept bribes from people. Many officials across all nine provinces, most coming from KwaZulu-Natal have been convicted for fraud in SASSA and therefore been dismissed and blacklisted.[4] The SASSA has been in court on unlawful contracts deemed from grant payments. The court held a company called CPS liable to repay large R81 million rands funds back to the SA Social Security Agency. This contracts sticks to prove the negligence in the system and its management.[5]
Crime and Finances
Over 300 million rands have been reported as stolen and missing funds from the SASSA. This involves the disruption of grants for personal gains. Grants are delayed and false declaration made to steal the funds. This has involved cases against the Minister of Social Development and CEO of the SASSA. The ‘South African Social Security Agency and Another v Minister of Social Development and Others (CCT48/17) [2018] ZACC 26; 2018 (10) BCLR 1291 (CC) (30 August 2018)’ is one of the most fundamental historical cases .
Victims
Many people have fallen victims of fraud and corruption. Some don’t receive their monthly grant payments. Some are blocked unlawfully. Some are convicted of crimes they never committed. Others are dismissed from work and remain unemployed.
Ways to deal with the internal fraud and corruption
The SASSA has developed a toll-free line to report those suspected of fraudulent involvement, using 0800601011
The government should enforce a corruption zero-tolerance policy
The legal framework must be strengthened and punishment on crime should result in imprisonment and fines rather than letting people go
The department should implement strict digital security, this should include a strong biometric verification system, for both SASSA applicants and employees where information is accessed through facial and fingerprint recognition.
The administration management should be changed; more loyal and qualified people should be employed. Integrity must be key element in workplaces.
Data should be managed properly and protected. No information must be leaked from the department all departments including SASSA, SARS, Home Affairs, police department and banks.
Public trust should be essential to create an entity which works against crime
The state should amend eligibility regulations
Social grants should be paid on time and rightfully so. The court emphasised this constitutional duty on Black Sash Trust v Minister of Social Development 2017 (3) SA 335 (CC)
State funds losses should be investigated and dealt with lawfully.
Beneficiaries involved in fraud should be removed from the system and prosecuted
SASSA employees involved should face imprisonment, fine, and dismissed from work.
The Special Investigating Unit should not leave investigations pending but finish them to push for ethical prosecution.
Those who fall victims for the crime, involving their IDs or bank details stolen should be compensated.[6]
Conclusion
The fraud and corruption done in the South African Social Security Agency has proven to undermine the integrity of social development system. There is a gap between work integrity and public trust. The government has worked its best in providing social relief security for the needy in order to promote ubuntu, equity and restorative justice; but the people have done less than take advantage of this tool and therefore affects the country’s economy badly. The department of Social Development needs to strengthen its system, data management and the Minister should implement new ways to operate the SASSA grants without giving way to acts of crime.
Every citizen is urged to make use of the National Anti-Corruption hotline: 0800 701 701.
Reference(S):
Cases:
‘South African Social Security Agency and Another v Minister of Social Development and Others (CCT48/17) [2018] ZACC 26; 2018 (10) BCLR 1291 (CC) (30 August 2018
Freedom Under Law v Minister of Social Development and Others (CCT 48/17) [2021] ZACC 5; 2021 (6) BCLR 575 (CC) (1 April 2021)
Black Sash Trust v Minister of Social Development 2017 (3) SA 335 (CC)
Legislation:
The Constitution of the Republic of South Africa,1996
Southern African Legal Information Institute
South African Social Security Agency Act 9 of 2004
Social Assistance Act 13 of 2004
Secondary sources:
The Citizens News Africa
Acta Commercii
SASSA grants South Africa “Types of social grants”
[1] https://www.sassagrants.co.za-types of social grants
[2] Social Security Law, Unisa
[3] Section 27 of the Constitution.
[4] The Citizen News Africa.
[5] Legalbrief.co.za
Acta Commercii
