Anthony Minnaar
Corruption is often compared to a cancer as it is truly “an enemy from within”. A generic definition of corruption could be an act of wrongdoing which typically involves unethical behaviour and illegality, and usually benefits accrue to either of the parties involved.
This definition embraces practices such as bribery, fraud, embezzlement, wrongfully influencing decisions and nepotism. All involve a breakdown of ethical behaviour and moral standards where the law is disregarded.
In the public service, the compensation is often concealed – all-expenses-paid holidays, free meals, sexual favours, discounts or free services and benefits for friends or family.
Immigration services, particularly, invite attempts to manipulate the system for profit. The desire to find work in wealthier countries makes documents such as birth certificates, work permits and identity documents very valuable. Hence, all kinds of operators try to obtain, falsify and sell such papers to would-be migrants.
The situation is aggravated by the involvement of organised crime syndicates, including some with international connections. But without the connivance of government officials, such corrupt practices would not take place. A materially incorruptible corps of officials would render such document fraud ineffective.
A related form of corruption is the extortion of bribes from illegal migrants, who pay guards on removal vehicles to allow them to jump off during their journeys back to their country of origin. Sexual favours are also extracted from women in such circumstances.
Officials issuing fraudulent documents frequently use false names and signatures to mislead police trying to track them down.
In South Africa wealthy illegal migrants bribe officials in the Department of Home Affairs to “create a background” by entering fictitious names of parents, dates of birth and other details into the computer database for population registration. The illegal migrant then uses this same information on an application form for a late birth registration. Once their births have been registered they can legitimately apply for South African identity documents and eventually for a passport.
A necessary first step in the official fight against corruption is specific anti- corruption legislation. This can include the establishment of a code of conduct or ethics for all public service employees. Careful staff selection (thorough investigation of background – checking for a criminal record, qualifications and testing of abilities) is essential.
Early warning systems are important. Identifying conditions that may encourage corruption can allow pre-emptive action. Typical areas of concern can be personnel who never take sick or holiday leave (a replacement would uncover the misdeeds), a high incidence of complaints from clients or trivial misuse of official assets.
The most effective investigators of corruption are special anti-corruption units, with adjudicative and investigative skills and access to all databases and processes, ideally reporting directly to very senior officials.
An anti-corruption hotline where information can be submitted anonymously should be established. The practice of whistle-blowing itself should be institutionalised and destigmatised, with witness protection provided where necessary and rewards where appropriate.
Ethics in the workplace should be reinforced, and there should be a corresponding commitment from politicians to support anti-corruption initiatives (including support for disciplinary sanctions and summary suspensions and dismissals for the guilty). The principles of transparency and accountability must also be accepted by all responsible officials.
Anthony Minnaar is a senior researcher at the Institute for Human Rights and Criminal Justice Studies at Technikon South Africa. He will be speaking on organised crime and corruption at the IACC