Issue No 002
9 May 2003
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Fundamental weaknesses in the Mozambican state of governance
A survey on governance in Mozambique warned of fundamental weaknesses in the Mozambican state’s institutional integrity. The survey pointed to serious conflicts of interest affecting parliamentary deputies as they can serve business interests without restrictions by occupying positions of confidence in private companies, including on the board of directors. There is a lack of checks on what ministers could do after leaving the government as there was nothing in the law to prevent an ex-minister seeking employment in a project that he set up while in government, or from becoming a shareholder in a company which he had licensed. The finding of the survey reveals… “ under the law as it currently stands, deputies, members of the government, magistrates and public servants are exposed to party political, ethnic, and private business pressures. Neither the state nor the office holders themselves possess legal instruments to deal with such pressures.”
More atAllafrica.com: allafrica.com
Also see a report on new Mozambique anti-graft legislation tabled after the release of the report: allafrica.com
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In this issue we look at the Special Investigating Unit
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All back issues of Umqol'Uphandle will in future be posted on the ISS website.
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Failing the Poor?
In combating corruption South African’s are often ready to draw the knives and aim for the political elite. We are quick to measure the success of our political system in its ability to prosecute and adequately punish the likes of Toni Yengeni and Winnie Madikizela-Mandela. This sends the right signal to prospective offenders. Yet in the ensuing media frenzy we sometimes miss part of the plot, a case of tunnel-vision some would argue.
The South African Human Rights Commission released its 4th Economic and Social Rights Report shortly before Freedom Day (see Social Justice section below). This voluminous 500 page document is essential reading for all committed to entrenching democracy in this country. Health, Land, Housing, Social Security, Education, Water. These are the key areas of social delivery of a state which is required to correct past injustice. Weaved through the report are claims that the most basic services, for which the poor rely on state assistance, are in many instances afflicted by corruption and fraud. There are no quick-fix solutions, we should however start by recognising that the marginalised and vulnerable carry the ultimate burden of corruption. Recent action by the Joint Anti-Corruption Task Team (JACTT) has started to tackle corruption in the Eastern Cape’s department of social welfare. However the SAHRC Report indicated that the Eastern Cape department responsible for social security had “no complaints of maladministration and or corruption”. Its clearly time to take the blinkers off, in the Eastern Cape cabinet and elsewhere (see Social Justice report on Gauteng as well). The consequence of not tackling corruption at all levels of governance will be mirrored not only in the resultant lack of faith in a political system but is as much felt by impoverished citizens leaving pension queues empty-handed.
PUBLIC SERVICE
Provincial Administration: Maladministration in the Eastern Cape
The national government’s Interim Management Team’s (IMT) report on intervention dealing with maladministration and breakdown in service delivery in the Eastern Cape found that the provincial administration failed in maintaining discipline and performance in the non-compliance with the Public Finance Management Act and Public Services regulations. On ethics and anti-corruption the IMT has set an advisory panel on disciplinary action to fast track corruption cases, of which 100 people had already appeared in the special corruption court in Midantsane. With five forensic audits and an initiative to set up a hotline service to increase whistle-blowing and fast track investigations, the Eastern Cape Premier Makhenkezi Stofile agreed with the IMT overall finding “ that the province had a weakness in management.”
More in Allafrica.com: www.Allafrica.com...
Local Governance: Municipal Traffic Staff in Court for Corruption
Three Entenjeni Municipality traffic officers identified as Mzwandile Ntlolo, Colin Valentine, Allan Boucher and a clerk, Clive Maritz appeared in the De Aar Magistrate’s Court in connection with charges of corruption and fraud. The four were arrested for issuing drivers’ licences without testing the recipients’ driving skills, and learners’ licences without the recipients sitting for the prescribed theoretical test. Police believe that between 500 to 600 people throughout the country could have benefited from this scam between 1998 and 2002
More at iafrica.com: iafrica.com...
INDUSTRIES
Parastatal: Corruption scandal hovers over Transnet
A former Transnet national maintenance and support manager, Anver Hendricks, has been charged with corruption in the Cape Town Regional Court for soliciting more than R1-million between 1998 and 1999 from black empowerment IT company Southern Focus. The company, now defunct, was a partner in a consortium put together by Siemens Business Services (SBS), that won a contract worth well over R40-million to install a SAP computer software system to operate the national Port Authority’s financial management system. The Mail & Guardian reports that a Cape Town based company plans to sue Transnet for not putting the deal on open tender. Hendricks, responsible for overseeing the implementation of the SAP system, was allegedly involved with the selection of Southern Focus in partnership with Port Authority CEO and the Transnet Board Tender Committee.
More in the Mail & Guardian: archive.mg.co.za...
SOCIAL JUSTICE
SAHRC Releases 4th Economic and Social Rights Report (2000/2002)
The SA Human Rights Commission released its 4th Economic and Rights Report in April. Sapa reports that the “533-page document, compiled between 2000 and 2002, indicates that a substantial number of migrant workers entered South Africa monthly to collect social security benefits. In all its efforts to eradicate fraud and corruption, the government has not instituted measures to deal with migrants who have access to social grants when in fact they are not entitled to such services," said the annual economic and social rights report released by SAHRC chairman Jody Kollapen in Johannesburg. The report said there was rampant corruption in the national and provincial social welfare departments despite government's efforts to curb this practice. Two officials from the national department were investigated for corruption and maladministration totalling about R4,2-million between 2000 and 2002.”
More at the SAHRC website: www.sahrc.org.za...
Social Services: Poverty Relief manager’s contract terminated for reporting on corruption
Mr. Mulalo Nemavhandu, who headed the poverty relief programme at the Gauteng Department of Social Services and Population Development, employment contract has been terminated after his internal ‘Exit Strategy Report’ was leaked to the public revealing allegations of corrupt practices by officials and project leaders. According to the Mail & Guardian…. “ The Department has spent about R50-million since 1997 to fund 336 community projects. But the report, compiled by Nemavhandu, says 85% of the projects did not achieve the Department’s objectives because individuals empowered themselves and their families rather than their communities.” Part of Nemavhandu’s job was to investigate why poverty relief projects were not implemented, to review its performance strategy and refocus its approach. According to Nemavhandu the allegations of corruption, fraud, mismanagement of funds and lack of management skills were all part of his findings in the non-delivery of poverty relief projects. A departmental spokesperson Panyasa Lesufi said that the termination of Mr. Nemavhandu’s services was based upon the completion of his contractual duties, and that he managed projects the Department could not sustain in the long run.
More in the Mail & Guardian: archive.mg.co.za...
Education: New KZN Education MEC promises to root out corruption
“KwaZulu-Natal’s new MEC of Education and Culture, Narend Singh, recently announced a range of measures to root out corruption, remove from the payroll non-existent ‘ghosts’ teachers and crack down on serious misdemeanours by teachers, such as drunkenness, truancy and the sexual molestation of school children”.
More at News24: www.news24.com...
CRIME AND JUSTICE
Correctional Services: Emphasis on rehabilitation
The Department of Correctional Services dogged by allegations of corruption in recent months has restructured its strategic approach to rehabilitate prisoners. The Jali Commission of Inquiry into Prison Corruption recommended the Department to refocus its strategic plan from the old system of the ‘guard’, to a new prison management approach of ‘rehabilitation’ for the social integration of prisoners into society. This strategic plan was communicated to new recruits at a graduation ceremony of 490 department officials at Kroonstad Training College. Mr. Watson Tshivhase, the department’s deputy national commissioner, added that by rooting out corruption such as accepting bribes from prisoners and organising escapes, the recruits would be building a peoples contract for a better South Africa. The new recruits join a staff compliment of 24 000 staff members.
More at Allafrica.com: allafrica.com...
Reform: Eastern Cape establishes Anti-corruption Hotline
A 24-hour hotline that will receive reports on corruption in the Eastern Cape has been set up. The hot-line is aimed for use by members of the public and civil society, public servants and the business community to report acts of corruption in the province.
More at Allafrica.com: allafrica.com...
Reform: Provincial and Local government launch anti-corruption unit
The director-general of provincial and local government, Lindiwe Msengana-Ndlela briefed parliament on the department’s decision to establish an anti-corruption unit for municipalities within the current financial year 2003/4. The treasury has set aside R2.5-million for the management of the unit and an extensive outreach programme on empowering municipalities, councillors and mayors on the management of good governance. A British local government corruption-busting agency will assist with the setting up of the unit. According to Msengana-Ndlela … “ The days of corrupt local government officials and representatives are numbered… We will deal with councillors and municipalities who seek to frustrate the process of delivering quality services to communities,”
More at the Department of Provincial and Local Government website: www.dplg.gov.za...
And more in the Star: www.thestar.co.za...
Research: Questions raised over crime statistics
An analysis of recent national and provincial crime statistics suggests crime levelled off to a certain extent during 2001-02, with commercial crime showing a substantial decline. Antoinette Louw of the Institute for Security Studies says the change in the way in which statistics are released is inconvenient from a research perspective. The statistics used to be released in a calendar year (which is no longer the case) and now makes it difficult to accurately compare the figures. It is also hard to get information from the police over and above the information found in the report.
More in Business Day: www.bday.co.za...
Special Investigating Unit
The Special Investigating Unit, previously also know as the “Heath” Special Investigating Unit, was established on 04 March 1997 by the Proclamation by the President as a mechanism which the Executive can use to recover assets. The SIU is one of the few state agencies which has a dedicated anti-corruption focus.
The head of the Unit Willie Hofmeyer, who succeeded Willem Heath, is accountable to the President. It has a unique role to play in the fight against corruption and its strength lies in its powers to act speedily to save, recover and protect public assets through Civil law procedure and litigate through the Special Tribunal.
In terms of its powers the Unit has broad powers enabling it to act speedily against allegations of maladministration and corruption. With the authority of a magistrate or judge unit members can enter or search premises and remove documentation on the basis of a reasonable suspicion that it would assist an investigation. The unit can also summon anyone to appear before it and compel them to answer questions. It has powers to make an order for the return of money or property and to issue an interdict to stop the potential loss of such money or property.
For more information please consult: www.siu.org.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.
For more information: 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)
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
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