“Global anti-corruption NGO Transparency International (TI) has described the Zambian system of governance as ‘rotten’ in its latest report…The government’s anti-corruption commission was under-resourced and under-skilled, Members of Parliament lacked the capacity to discharge their functions effectively, and the offices of Auditor-General and Ombudsman ‘are effectively moribund,’ TI said.”
More at: allafrica.com
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In this issue we look at South Africa’s second Public Protector, Mr Lawrence Mushwana.
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All back issues of Umqol'Uphandle will in future be posted on the ISS website.
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"South Africa is rotten with corruption"- according to a recent headline appearing in the daily Die Burger.
The South African public realm is inhabited by both fact and fantasy, in this respect. The article in question did little to support this statement and in a similar vein, Tony Yengeni took out full page newspaper advertisements, proven to be untrue. The truth is rather found in the shades of grey - the stories which seldom make it onto the front pages of our newspapers.
Corruption – in the private and public sector – has a direct effect on human security in SA: undermining democracy, entrenching corrupt elites and generally contributing to a society where social justice remains a mirage for the many. What we know about corruption in South Africa is perhaps equivalent to the knowledge gaps that remain. The SA government/UNODCP Corruption Country Assessment report, released in Parliament last week, is proof of this (See research & reform section). A comprehensive analysis, it rightly points to success achieved in developing policy – and the challenges remaining in implementation. More must be seen to be done. We also need to recognise achievements without which cynicism, fatal to a fragile democracy, takes root.
Umqol’Uphandle, a fortnightly briefing on Corruption in South Africa seeks to critically examine achievements and failures in tackling graft, providing a platform for news, information – and critique. Sharing knowledge with a broad audience gives life to the Xhosa proverb Umqol’Uphandle - The moment when something, which has been kept hidden, becomes exposed.
PUBLIC SERVICE
National Administration: Legal process must be seen as applying across the board
“Global experience, from the US to Korea, shows enforcing clean government is not as easy as some may think. Appreciating when our democracy works is as important as blowing the whistle when it does not…However, there is another way of looking at Yengeni’s fate, one which sees it as a plus for the system,” writes Steven Friedman.
More in Business Day: www.bday.co.za...
Provincial Administration: Scorpions to target Eastern Cape officials
“A total of 26 people from the welfare department, were arrested across the province… for various offences ranging from fraud to corruption. The money involved is estimated at several millions of rand. This brings the total number of people arrested since December to 76. Two pharmaceutical companies are also under investigation for billing government for services never rendered, totalling R11m.’
More in Business Day: www.bday.co.za...
Local Governance: Ex-mayor vows to clear his name
“Delmas- Embattled former Delmas mayor Juby Makhabane has vowed to clear his name following the release of a damning forensic audit report that implicates him in financial irregularities amounting to R173 000. The forensic report, released by local government MEC Mohammed Bhabha last week, claims that Makhabane and other senior officials repeatedly and systematically side-stepped financial procedures to plunder the mayoral fund.”
More at News24: www.news24.com...
INDUSTRIES
Natural Resources: Umgeni settlement drives SACP to act
“The SA Communist Party (SACP) has entered the fray over Umgeni Water’s proposed R21,5m out-of-court settlement with Enterprise Risk Management (ERM), threatening ‘a rolling mass action to defend the public purse from abuse’…Last week, the National Education Health and Allied Workers’ Union (Nehawu) called for a judicial commission of inquiry into Umgeni and ERM following what it perceived as ‘one of the biggest cover ups ever to happen in Umgeni.”
More in Business Day: www.bday.co.za...
SOCIAL JUSTICE
Social Welfare: Department Demands Stiff Sentences for Arrested Former Civil Servants
“The Department of Social Development and the Public Service Monitor (PSAM) have expressed delight over the arrest by the Joint Anti-Corruption Unit of 19 people in Umtata, East London and Port Elizabeth...Department Spokesman Gcobani Maswana said: “People wrongfully collect pensions. They say they have children when they don’t, or they say they earn nothing when they actually do (earn a wage). He said the department’s monitoring unit was exposing these social fibs by visiting families and checking with communities.”
More at AllAfrica.com: allafrica.com...
Education: Whistleblowers ‘victimised’
“Three staff members at the Medical University of South Africa (Medunsa) who blew the whistle on alleged high-level mismanagement at the University said they are now the victims of management’s revenge. Medunsa denies that any victimisation has occurred. One of the three has been dismissed from his academic post; another two are on suspension and have been through disciplinary hearings that are due to be started again from scratch.”
More in the Mail & Guardian: www.mg.co.za...
CRIME AND JUSTICE
Police: Fighting crime with clean hands
“The more policeman take bribes, the more the criminals believe they have a licence to commit crimes,’ says Madzhie, a man acclaimed by the police to be top brass, one of their best. National commissioner Jackie Selebi, who early in his tenure recognised Madzhie’s integrity holds him up as an example of the ideal South African police officer. However, Madzhie himself claims he ‘would be a multi-millionaire if he had accepted all the bribes offered to him over the years.”
More in the Mail & Guardian: www.mg.co.za...
Cops ‘stole money robbers left behind’
“Five Durban policemen will appear in court on Friday after allegedly stealing over R550 000 they recovered from a robbery…The money came from a robbery on Tuesday morning during which three armed men attacked security guards from Standard Bank ATM Services at the ABC branch in West Street and stole a bag containing about R800 000…”
More in the Witness: www.witness.co.za...
Judicial Sector: Top court rules in favour of property seizure
“In a boost to the fight against organised crime, the Constitutional Court ruled yesterday that a court may temporarily seize property, believed to be the proceeds of organised crime, without giving the owner a hearing…Wille Hofmeyr, head of the asset forfeiture and special investigating units, welcomed the finding yesterday, saying: ‘It is very important because it finally gives us certainty on how to proceed. A number of courts were giving us an unnecessarily hard time because of the lack of certainty about how the Constitutional Court would rule,’ he said.”
More in Business Day: www.bday.co.za...
Access to Information: State loses first round in arms deal case
“Peace activist Terry Crawford-Browne has won the first round of his legal bout with the State challenging the arms deal. But it was a narrow victory and he will have to beef up his legal arsenal if he is to have any chance of emerging victorious after the final bell. In the disclosure application, the State tried to blow Crawford-Browne’s entire case out of the water by raising doubts about the Cape High Court’s jurisdiction rights over the matter and querying whether Crawford-Browne or Ecaar had the necessary legal standing to bring the main application.”
More in the Mail & Guardian: archive.mg.co.za...
SA Country Corruption Assessment Report
Six Years after the launch of a public sector programme to combat corruption, the UNODCP together with the SA government released the first ever “South Africa: Country Corruption Assessment Report” in Parliament last week. Providing an overview of survey material as well as an update on the role various actors and agencies are playing to combat graft, the survey gives a comprehensive picture of what is known about the nature and extent of corruption in SA. The report also details some areas where a future programme of action is required. "Some of the new data included in the report was collected from a business survey which showed that 62% of business people did in fact believe bribery was becoming common practice. This despite the fact that 15% have admitted to being approached to pay a bribe."
For the full report see: www.dpsa.gov.za...
Click for more in the Mail & Guardian: archive.mg.co.za...
Government blacklists corrupt businesses
“The government has established a database of corrupt businesses that departments are banned from using, while a plan for the blacklisting of corrupt employees from the public service has been approved.”
More from the Mail & Guardian: www.transparency.org...
Road fund to speed up inquiries
“The Road Accident Fund has set itself a target of limiting to one month the time it takes from when employees are suspended and when they appear before disciplinary committees.”
More in Business day: www.bday.co.za...
The Public Protector
South Africa’s second Public Protector, Mr. Lawrence Mushwana, took office last year after Adv. Selby Baqwa completed his term of office as stipulated by the constitution. Although often identified with one individual, the Public Protector is supported by a staff of over one hundred people in nine regional offices throughout South Africa. Some attempts are being made to address the backlog of investigations the PP is faced with, as a result of resource constraints.
The Pubic Protector’s office is one of the key institutions involved in anti-corruption work and is, in accordance with the constitution, independent of government and accountable to parliament. Its specific anti-corruption mandate is to:
* Investigate and make recommendations to state departments on any conduct which may have resulted in prejudice to citizens i.e. acting as a buffer or referee between the citizen and the state.
"The Public protector has the power to investigate any conduct in state affairs, or in public administration in any sphere of government, that is alleged or suspected to be improper or resulting in any impropriety or prejudice." The Public Protector shall in terms of S 4(a) of the Act be competent to investigate, on his or her own initiative or on receipt of a complaint, any alleged:
- maladministration in connection with the affairs of government at any level;
- abuse or unjustifiable exercise of power or unfair, capricious, discourteous or other improper conduct or undue delay by a person performing a public function;
- improper dishonest act, or omission or corrupt, with respect to public money;
improper or unlawful enrichment, or receipt or any improper advantage, or promise of such enrichment or advantage, by a person as a result of an act or mission in the public administration or in connection with the affairs of government at any level or of a person performing a public function; or
- act or omission by a person in the employ of government at any level, or person performing a public function, which result, in unlawful or improper prejudice to any other person.
For more information as well as the procedure (and requirements) for reporting corrupt activity to the public protector’s office, please consult: www.gov.za...
(Source: Public Service Commission’s Review of SA’s National Anti-Corruption Agencies, August 2001)
(Please forward us details of forthcoming books, conferences, seminars or events that could be considered for inclusion.)
The 11th International Anti-Corruption Conference (IACC) and Global Forum III on Fighting Corruption and Safeguarding Integrity will take place in Seoul, South Korea from 25-31 May 2003. The Global Forum, an intergovernmental conference held on the ministerial-level will be followed by the IACC, largely attracting civil society representatives as well as delegates, from the private sector and government.
More about the conference at: www.11iacc.org...
The Institute for Security Studies (ISS) is an applied policy non-profit research organisation with a focus on human security issues on the African continent.
This e-briefing is produced by the SA Anti-Corruption Strategies component which is located within the ISS Organised Crime and Corruption programme in Cape Town and funded by the Danish Development Agency (DANIDA) through the Embassy of Denmark.
Editorial Team:
Hennie van Vuuren (Senior Researcher: Anti-Corruption Strategies)
hvanvuuren@iss.org.za
Paul Arendse (Research Intern)
Pilisa Gaushe (Manager: ISS Corruption Resource Centre)
For more about ISS please visit our website at: www.issafrica.org...
To contact us, or if you should have any comments, please email: umqoled@iss.org.za or Tel: 021 4617211
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