Transparency International and Transparency South Africa commissioned the Institute for Security Studies to put together the National Integrity Systems Country Study Report — South Africa 2005. The study’s value lies in the fact that it goes beyond measuring “perceptions” of corruption, which President Thabo Mbeki railed against when opening the second National Anti-Corruption Summit in Tshwane recently. Instead, the report provides an in-depth assessment of the strength and weakness of the various “pillars” of the South African National Integrity Systems and how these relate. To fight corruption, a country requires the requisite laws, institutions and political will. South Africa has done very well on all three fronts in 10 years. The trick now lies in closing legislative gaps and increasing the capacity of institutions — in line with their constitutional obligations — in order to ensure that corrupt individuals no longer cream billions of rands from the public and private sectors annually.
How is our nation faring in the fight against corruption?
Executive: We are fortunate that the national executive has remained relatively scandal-free. There are exceptions, such as allegations of corruption against Deputy President Jacob Zuma, but these may well be tested in court by the National Prosecuting Authority (NPA) should Schabir Shaik be convicted. Of concern, however, is the revolving door between government and business. Equally, the Executive Members’ Ethics Act, which requires disclosure of assets and interests, may need to be revisited as it has no sanction mechanisms. Also of concern is the awarding of government contracts to partners and relatives of members of the executive at a provincial level.
Legislature: The country’s supreme oversight body has taken a bruising in the wake of the arms deal and the travel scam. Although it has played a key role in designing laws to fight graft and improve transparency, it must also hold government departments accountable for their effectiveness in regulating the private sector. The lack of direct accountability between the people and elected representatives is a cause for concern. Rules governing disclosure provisions also need stiffer sanctions.
Political parties: Transparency in private funding of political parties remains one of the key areas that needs to be addressed by effective legislation and enforcement thereof.
Independent Electoral Commission: If Pansy Tlakula and Brigalia Bam’s team were corrupt, our elections would no longer be fair or free. The commission has done an excellent job to date and its integrity is central to sustaining electoral democracy.
Auditor general: The criticism that the auditor general has received in the wake of the arms deal may be a measure of the value we place on the Constitution, which ensures the independence of Shauket Fakie’s office. The auditor general undertakes excellent work in reporting on how public monies are spent, but investigations such as the arms deal remain the ultimate test of this constitutional independence. Fakie’s continued effectiveness will depend on the ability of Parliament and the standing committee on public accounts to probe reports from his office.
Judiciary: An independent judiciary that is able to ensure access to justice is key in combating corruption. Corruption and the security of South Africa’s judges and magistrates may be a problem and the issue of racism should be dealt with to ensure that the judiciary is representative.
Public sector: The Public Service Commission (PSC) has an oversight role over the country’s largest single employer: the Department of Public Service and Administration. Yet, public officials are still not submitting their financial disclosure forms on time and the PSC has no effective sanction mechanism to deal with this. Equally, calls by the Congress of South African Trade Unions and others to regulate post-public sector employment must be heeded in order to place a stopper in this gilded door. Cabinet agreed to a National Anti-Corruption Strategy in 2002 and, although it has been carried out in part, a new timetable for implementation is required to allow for monitoring thereof. The PSC anti-corruption hotline (0800 701 701) should also be rolled out as the single national anti-corruption hotline as part of a strategy to creating an enabling environment for whistle-blowers.
Police and prosecutors: Both the South African Police Service (SAPS) and the NPA are key role-players in combating corruption. Of growing concern, however, is corruption within the SAPS. It may be time to invest sufficient resources in the Independent Complaints Directorate to ensure that an independent body monitors corruption.
Public procurement: National Treasury has put a Supply Chain Management Framework in place to reform the old State Tender Board System. Given the roughly R180-billion spent on procurement, its success is imperative as is the Register of Tender Defaulters (blacklist) that Treasury is required to create in terms of the new Prevention and Combating of Corrupt Activities Act. Errant companies need to be named, shamed and excluded from government business.
Public Protector: Lawrence Mushwana’s independence is guaranteed by the Constitution and his office plays a key role in investigating graft. Increased capacity may assist in beefing up the role of the public protector and alleviating the case backlog.
Investigative agencies: The country can be proud of its investigative agencies, including the Scorpions, special investigations unit and asset forfeiture unit, but there is a need for improved coordination among state anti-corruption agencies. This should not be at the cost of closing down agencies such as the Scorpions, but we may need to talk about a single national anti-corruption agency.
Media: There is a need for more investment in investigative journalism by the country’s media owners. The public broadcaster, home to the country’s largest news team, is historically also prone towards political influence and it needs to be kept free of sectional interests.
Civil society: Civil society plays a key role in monitoring corruption, but graft within the sector needs greater attention.
Provincial and local government: The “site of service delivery” (or a large part thereof) needs to be a key focal area for efforts to monitor corruption. The lack of sustained national media attention means that these are often vulnerable to endemic corruption, which then requires national intervention (as in the Eastern Cape) or results in action by communities (as in the Free State).
The law: The country has a strong new piece of legislation in the Prevention and Combating of Corrupt Activities Act, but it remains largely untested — the key measure of its value. The Protected Disclosures Act must also be beefed up to better protect whistle-blowers and the Promotion of Access to Information Act remains an empty promise as long as the media and civil society have to use the threat of legal action to gain access to information.
The private sector: The private sector as a source of corruption has long been neglected and the business community must do more introspection to combat graft. This is also true of some empowerment deals that may be abused for the enrichment of individuals with access to power — or white business people who abuse preferential procurement by committing fraud such as “fronting”.
The wealth gap: Massive income and ownership disparity fuels corruption as conspicuous consumption becomes the only game in town. To sustain the fight against corruption, this must be addressed.
To view the study visit: www.transparency.org or www.ipocafrica.org
Hennie van Vuuren is a senior researcher (anti-corruption strategies) at the Institute for Security Studies in Cape Town
Not quite a blind eye
No, it didn’t discuss the arms deal, the Schabir Shaik trial or even the Travelgate scam, but last week’s national anti-corruption forum made a number of key resolutions that must be translated into action within three months.
One of the key discussions was that of whistle-blowing. The summit resolved to strengthen measures to protect whistle- blowers and requires the Law Commission to resolve the shortcomings in the existing Protected Disclosures Act and report to Parliament by the end of 2005. There was also commitment that awareness about corruption must be included in school curricula in order to build a culture of good ethics in South Africa.
The summit heard calls for improved coordination among anti-corruption agencies and sectors, as well as for the implementation of anti-corruption legislation, particularly at local and provincial level. The summit supported the need for national government to intervene in departments and councils where corruption has become endemic.
Delegates avoided the contentious area of regulating party funding, but the resolutions do require South Africa to comply with the United Nations and African Union anti-corruption conventions. The latter calls for the regulation of party funding — and this commitment is an important one as transparency in party finance is now firmly on the policy agenda.
While we look forward, South Africa should also look backward and although the summit did not make recommendations to investigate crimes of corruption under apartheid, it has mandated civil society to present a research report to the forum within six months so that this matter can be further debated. This is an important first step to ensuring that any potential plundered wealth can be returned to the country’s people.
The last decade of apartheid rule, with the corrupt system in terminal decline, provided the perfect environment for large-scale corruption. Lack of transparency, sanctions busting and secret defence and oil funds are conduits for grand corruption the world over.
Corruption takes place at the intersection between money and power — shining the light on the past will highlight the linear nature of corrupt activity in South Africa and reinforce the need to ensure that mistakes are not repeated. This is the greatest challenge facing South Africa’s National Integrity System in the years ahead. — Hennie van Vuuren