Our 2020/21 Anti-Corruption Officer is Ngazini Ngdigi. Please report any suspected corruption to her: ngaziningidi@gmail.com or +27 73 555 6455
From the R2K Policy & Procedures Manual. Also See Staff & Activists Code of Conduct & Disciplinary procedures
- POLICY STATEMENT
1.1 It is our policy to conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to acting, fairly and with integrity in all our relationships wherever we operate and to implementing and enforcing effective systems to counter bribery.
1.2 We will uphold all laws relevant to countering bribery and corruption. We remain bound by the laws of our country, regarding corruption and bribery, in respect of our conduct both at home and abroad.
1.3 The purpose of this policy is to:
(a) set out our responsibilities, and of staff working for us and activists working with us, in observing and upholding our position on bribery and corruption; and
(b) provide information and guidance to staff working for us and activists working with us on how to recognise and deal with bribery and corruption issues.
1.4 Bribery and corruption are punishable for individuals by imprisonment and if we are found to have taken part in corruption we could face a fine and face damage to our reputation. We therefore take our legal responsibilities very seriously.
1.5 We have identified that certain of our activities create particular risks for our organisation, in particular:
(a) Collaborations with individuals or other organizations (whether formal or informal);
(b) Recruitment of staff;
(c) Receipt of gifts and donations;
(d) Grant funding; and
(e) Procurements.
1.6 To address these risks we have taken the following steps:
- Agreed that in the case of any perceived or actual conflict of interest must be declared and recorded and group tasked with making the decision may ask the effected party to recuse themselves from the decision making process.
- To elect or appoint a Compliance Officer at their first meeting of each new NWG to ensure compliance with the anti corruption and Bribery issues and policy;
- Retain standard clauses relating to our Anti Corruption and Bribery Policies issues for inclusion in key contractual documentation.
1.7 In this policy, third party means any individual or organisation you come into contact with during the course of your work for us, and includes actual and potential project partners, affiliates, suppliers, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties.
- WHO IS COVERED BY THE POLICY?
This policy applies to all individuals working with the R2K, including staff, activists consultants, volunteers, interns, sponsors, or any other person associated with us (collectively referred to as staff/activists in this policy).
- WHAT IS BRIBERY?
A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.
- HOSPITALITY AND GIFTS
4.1 This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties and the giving or receipt of gifts, provided that this is done in accordance with Policy of the R2K.
4.2 Normal and appropriate hospitality and gifts would include where the hospitality or gift:
(a) is not made with the intention of influencing a third party to obtain or retain or to reward any commercial, contractual, regulatory or personal advantage ;
(b) complies with local law;
(c) is given in our name, not in your name;
(d) does not include cash or a cash equivalent (such as gift certificates or vouchers);
(e) is appropriate in the circumstances.
(f) taking into account the reason for the gift, is of an appropriate type and value and given at an appropriate time;
(g) is given openly, not secretly; and
(h) is not offered to, or accepted from, government officials or representatives, or politicians or political parties, without the prior approval of the Compliance Officer.
- WHAT IS NOT ACCEPTABLE?
It is not acceptable for you (or someone on your behalf) to:
(a) give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a any commercial, contractual, regulatory or personal advantage will be received, or to reward a business advantage already given;
(b) give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative to “facilitate” or expedite a routine procedure;
(c) accept payment from a third party that you know or suspect is offered with the expectation that it will obtain a any commercial, contractual, regulatory or personal advantage for them;
(d) accept a gift or hospitality from a third party if you know or suspect that it is offered or provided with an expectation that any commercial, contractual, regulatory or personal advantage will be provided by us in return;
(e) threaten or retaliate against another staff/activist who has refused to commit a bribery offence or who has raised concerns under this policy; or
(f) engage in any activity that might lead to a breach of this policy.
- FACILITATION PAYMENTS AND KICKBACKS
6.1 We do not make, and will not accept, facilitation payments or “kickbacks” of any kind.
6.2 If you are asked to make a payment on our behalf, you should always be mindful of what the payment is for and whether the amount requested is proportionate to the goods or services provided. You should always ask for a receipt which details the reason for the payment. If you have any suspicions, concerns or queries regarding a payment, you should raise these with the Compliance Officer.
6.3 Kickbacks are typically payments made in return for a business favour or advantage. All staff/activists must avoid any activity that might lead to, or suggest, that a facilitation payment or kickback will be made or accepted by us.
- DONATIONS TO POLITICAL PARTIES
We do not make contributions to political parties.
- YOUR RESPONSIBILITIES
8.1 You must ensure that you read, understand and comply with this policy.
8.2 The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for us or under our control. All staff/activists are required to avoid any activity that might lead to, or suggest, a breach of this policy.
8.3 You must notify your line manager, Coordinator/PWG and/or the Compliance Officer as soon as possible if you believe or suspect that a conflict with this policy has occurred, or may occur in the future.
8.4 Any employee or activist who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct.
- RECORD-KEEPING
9.1 We must keep financial records and have appropriate internal controls in place.
9.2 You must declare and keep a written record of all hospitality or gifts accepted or offered.
9.3 You must ensure all expenses claims relating to hospitality, gifts or expenses incurred to third parties are submitted in accordance with our expenses policies and specifically record the reason for the expenditure.
9.4 All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as clients, suppliers and business contacts, should be prepared and maintained with strict accuracy and completeness. No accounts must be kept “off-book” to facilitate or conceal improper payments.
- HOW TO RAISE A CONCERN
You are encouraged to raise concerns about any issue or suspicion of malpractice at the earliest possible stage. If you are unsure whether a particular act constitutes bribery or corruption, or if you have any other queries, these should be raised with your line manager, Coordinator and/or the Compliance Office. It is important that you tell the Compliance Officer as soon as possible if you are offered a bribe by a third party, are asked to make one, suspect that this may happen in the future, or believe that you are a victim of another form of unlawful activity.
- PROTECTION
11.1 staff/activists who refuse to accept or offer a bribe, or those who raise concerns or report another’s wrongdoing, are sometimes worried about possible repercussions. We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken.
11.2 We are committed to ensuring no one suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith their suspicion that an actual or potential bribery or other corruption offence has taken place, or may take place in the future. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern. If you believe that you have suffered any such treatment, you should inform the Compliance Officer immediately. If the matter is not remedied, and you are an employee, you should raise it formally using our Grievance Procedure.
- WHO IS RESPONSIBLE FOR THE POLICY?
12.1 The Compliance Officer have overall responsibility for ensuring this policy complies with our legal and ethical obligations, and that all those under our control comply with it.
12.2 The Compliance Officer has primary and day-to-day responsibility for implementing this policy, and for monitoring its use and effectiveness and dealing with any queries on its interpretation.
12.3 If there is an alleged or suspected breach of this policy the Compliance Officer will immediately bring this to the attention of the National Working Group.
- MONITORING AND REVIEW
13.1 The Compliance Officer will monitor the effectiveness and review the implementation of this policy, regularly considering its suitability, adequacy and effectiveness. Any improvements identified will be made as soon as possible.
13.2 All staff/activists are responsible for the success of this policy and should ensure they use it to disclose any suspected danger or wrongdoing.
13.3 Staff/activists are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries should be addressed to the Compliance Officer.
