Ex-President on trial for corruption
Former Zambian president Frederick Chiluba, who was head of state from 1991 to 2001, goes on trial this week with six co-accused to face 169 charges of theft, corruption, and abuse of power involving more than US$29 million. A second corruption trial is looming as Chiluba will face charges of stealing $4 million with co-accused Xavier Chungu, his former intelligence chief. This comes as a culmination of an anti-corruption drive by Levy Mwanawasa, his successor and one-time protégé in an attempt to clean-up government business. The trial represents a spectacular fall for the diminutive ex-president who similarly used an anti-corruption programme in 1991 to defeat Zambia's founding president Kenneth Kaunda.
Full Article in ThisDay (9 December 2003)
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Online Corruption Information Centre
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The Southern African Online Corruption Information Centre is the first web-based library with a focus on corruption in Southern Africa. It aims to provide policy-makers, researchers, activists, academics, the media as well as public and private sector officials with access to material on corruption as well as strategies to combat graft and corruption. The centre, which is a free to use service, provides information with a specific Southern African focus:
Visit: www.issafrica.org...
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All back issues of Umqol'Uphandle will in future be posted on the ISS website.
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Freeing the paper tigers
An observer reading of an unholy alliance forged between a fascist AWB member and the (black) mayor of Kokstad (see local government) to rob the local council, may ask if this is the zenith of reconciliation - built on the lowest common denominator. However, putting aside this sort of opportunistic corruption, that continues to litter our news headlines, we need to take stock of a couple of groundbreaking achievements in combating graft.
Unnoticed by many news articles was a recent march by thousands of people who live above the rich platinum mines of Bapong in the North West Province (See local government). Members of the community are aggrieved that they have not seen any of the money paid in royalties by Platinum giant Lonmin. These voices from below, of indigent people who are the victims of graft, may have been heard in the halls of parliament when South Africa's innovative new Prevention and Combating of Corrupt Activities Act was passed (See reform).
Its easy to write off laws as mere 'jaw-jaw' - and indeed they could be if not implemented - however the new anti-corruption act equips prosecutors for the first time with an affective instrument with which to tackle corrupt individuals in both the public and private sectors. The significance of the act, with its harsh penalties - that will hopefully force greedy individuals to think twice - should not be lost on us. The Act, painstakingly crafted by the parliamentary portfolio committee on justice, in co-operation with the department of justice - with civil society input, should be standard reading for all public and private sector mangers. Its approach to corruption in tenders and private-private corruption is particularly far-sighted and necessary given the estimated R50 billion that is lost annually to white-collar crime (see Industries and Research). This piece of legislation, bar outstanding regulation of private funding of political parties, is one of the last pieces of the country's anti-corruption armory. We now need to take ownership of the act, both as individuals and organisations, but also through multi-sectoral bodies such as the National Anti-Corruption Forum (NACF), which consists of representatives of government, the private sector and civil society (See Profile). Although the NACF has unfortunately had little to show for its first two years of existence, it should now rise to the challenge of monitoring implementation of the act.
The United Nations has declared 09 December as international anti-corruption day to mark the signing of the UN Convention on Corruption in Merida, Mexico (see reform). Given South Africa's tough new corruption law the signing of the convention has largely symbolic value. However, despite attempts by the USA to water down clauses on private-private corruption and party finance the convention provides a benchmark for national anti-corruption legislation - and holds promise for nations seeking to reclaim wealth plundered by corrupt leaders and stashed in foreign bank accounts.
The challenge we face in 2004 will clearly be one of implementation combined with monitoring by civil society, the media and oversight institutions - food for thought over the festive season.
We wish all Umqol'uphandle readers a peaceful holiday season and a good start to 2004.
PUBLIC SERVICE
NATIONAL ADMINISTRATION
Sars: 'The Game is Up'
Fikile-Ntsikelelo Moya reports that South African Revenue Service (Sars) will put a hold on corrupt customs agents helping companies and individuals dodge the payment of import and export duties. The cost of this "tax gap" - money owed to the fiscus but not paid to the state - amounted to about R30-billion in the past year. Up to 80% of all import and export transactions are carried out through about 3 000 customs agents and independent individuals that earn a commission from these transactions. Sars Commissioner Pravin Gordhan will be calling a meeting with representatives of these customs agents accredited to collect import and export duties on behalf of Sars informing them of correctional action and criminal prosecution that will be filled against those found guilty of fraud. Fraud perpetrated by customs agents is reported to have contributed "substantially" to the shortfall in the South African fiscal management system.
Full article in the Mail & Guardian(28 November 2003): allafrica.com...
Scorpions investigate state's R2bn medical aid blunder
Xolisa Vapi reports that the Scorpions and a top auditing firm are probing a R2 billion medical aid blunder by the Department of Correctional Services (DCS), in which medical service providers and employees allegedly submitted fraudulent claims. An audit found that since 1999 the department had pumped R2,2 billion in employee contributions to Medcor for its 40 000 employees, but it had no agreement or system that specified the calculation of monthly contributions. The absence of the agreement led to suspected fraudulent claims creeping into the system with service providers and members claiming nearly R100 million in 2001-02. The current arrangements are so inefficient that it is difficult to monitor limits, resulting in the original budget being exceeded by R190 million. Shauket Fakie, the auditor-general, said that a forensic investigation was being performed by various special investigating units with regard to the submission of excessive claims by members and service providers. Some providers have been arrested, and more arrests are expected as forensic investigators close in on the alleged fraudsters.
Full article in This Day (25 November 2003): www.healthsynergies.co.za...
SAA backs up fraud finding
Jessica Bezuidenhout & Mzilikazi Wa Africa report that South African Airways has added weight to Parliament's finding of gross abuse of the travel voucher system. Parliamentary staff in conjunction with auditors PricewaterhouseCoopers have made significant progress in establishing the extent of the travel vouchers fraud, which amounted to R15-million for a period of just over year. South African Airways (SAA) supported evidence to this gross abuse of parliamentary travel voucher system by submitting a total of five reports to Parliament. Parliament's chief finance officer, Harry Charlton, said in the recovering of the money it lost during the period of abuse may include liquidating some of the companies and instituting civil or criminal action against those involved. The bank accounts of some of the travel agencies still trading may be frozen as the first step in the recovery process.
Full article in the Sunday Times, (7 December 2003): www.suntimes.co.za...
PROVINCIAL HEADLINES
Forensic probe launched into Mpumalanga bribery scandal
Justin Arenstein reports that Mpumalanga premier Ndaweni Mahlangu has launched a forensic probe into allegations of bribery within the province's public works department. The probe (which must be completed by 15 December), by forensic auditors Gcabashe Mahomed Mzizi, will attempt to verify whether public works MEC Steve Mabona received a R1 million kick-back from local company, Positioning Corporate Underwriters & Insurance Consultants (PCUIC). The probe, which will also feature prominent Pretoria advocates Solly Sithole and Peter Mothle, will investigate whether Mabona irregularly benefited from any provincial tenders. PCUIC has confirmed in court documentation that it paid Mabona two installments of R500 000 in June, just days after the company was awarded a contentious R6,6 million contract to guarantee work by road constructor ZB Civils. The investigation into Mabona leads to believe that he violated provincial tendering procedures that require Mpumalanga to rotate construction work amongst 77 companies without favoring any single entity. Mabona`s own business interests meanwhile remain under scrutiny, including a security company he used to co-own that scored an R8 million contract with his public works department.
Full article in African Eye News (19 November 2003): www.lowveld.info...
Kwazulu-Natal gets tough on corruption
In a recent crackdown on government fraud and corruption 19 officials from the KwaZulu-Natal department of agriculture and environmental affairs and 26 suppliers appeared in the Durban magistrate's court on charges of graft amounting to R1.1 million. "Jabulani Mjwara, the head of the KwaZulu-Natal department of agriculture and environmental affairs, said the suspected suppliers and officials, five of whom headed their subdistricts, had worked together to defraud the department. Corrupt practices had included inflating invoices and allowing one supplier to submit several quotes for a tender, ensuring the contract was granted at an inflated price. The department had also paid for services and equipment that had not been delivered, and in some cases the quality of delivered goods had been below tender specifications. The irregularities were picked up by internal control systems used by all government departments to ensure compliance. Mjwara said the fact that so many suspects had been arrested in different areas indicated there were weaknesses in the procurement system. 'Consequently, we are studying a report by the provincial treasury's internal audit unit and its recommendations so that we can tighten up on the system by closing any loopholes,' he said. 'Management principles also need to be improved, and people trained to be aware of the various systems and how to use them'.
Full article in the Business Report (27 November 2003): www.busrep.co.za...
Court hears officials not allowed to be wined, dined
"It would be out of line for an official to accept anything more than a cooldrink and a sandwich from a developer during a site visit, anything over and above wouldn't be considered acceptable". This is according to evidence given at the Roodefontein Corruption trial by Dr Steve du Toit, of the Western Cape environment and planning department (he dealt with application for the controversial R500 million Roodefontein golf estate). This was in stark contrast to evidence heard by the court that former provincial premier Peter Marais and then environment MEC David Malatsi, were taken to lunch at a luxury Plettenberg Bay hotel after they paid a site visit to Roodefontein in April last year. The developer, multi-millionaire Italian Count - and self-confessed corruptor - Riccardo Agusta, paid for the meal, and soon afterwards handed over R400 000 in donations to the New National Party (NNP). The development was approved within days of the money changing hands, impacting on the job of Ingrid Coetzee, the departmental official in Cape Town who declined to give the authority to issue a positive record of decision on the development based on not enough information. She was subsequently relieved of her authority by Malatsi, and replaced with somebody who approved the project. The Roodefontein trial was adjourned until June 21 2004.
Full article in the Cape Times (25 November 2003): www.knysna.co.za...
LOCAL GOVERNMENT
Protesters march on tribal heads
Stephan Hofstatter reports that thousands of angry protesters marched on the Bapong (North West Province) tribal authority offices demanding the immediate abdication of their traditional council and access to its records, as they accuse the council of embezzling millions in mining royalties. Community leader Ronnie Moerane says he has documents proving the Lonmin mine paid R100 million into the tribal authority's coffers, but that only R80 million remains, with none of the money used for development. Some of the comments of the marchers include: complaints about only one clinic servicing 120 000 community members; bursaries that were promised by the mine for school children were still in the possession of the council; one resident said that although the North West is rich with platinum for mining, the immediate community does not benefit. The community also criticized the Communal Land Rights Bill for making it difficult for communities to dislodge unpopular chiefs.
Full article in ThisDay (Nov/Dec 2003) ...
Fraud could bankrupt KZN town
Fred Kockott reports that "Amid persistent maladministration, corruption and fraud, the Umtshezi municipality could be bankrupt within the next 12 months, leaving residents in the KZN midlands around Estcourt and Weenen without essential services. This is the picture created by the findings of two independent audits into the affairs of the IFP-led Umtshezi municipality - one a preliminary forensic report aimed at exposing corruption, the other a management assessment to identify areas where the municipality requires government assistance. Department officials view the Umtshezi situation as serious, but are already battling against elected representatives in several other municipalities in attempting to have those responsible for corruption brought to book. This is despite the findings of several forensic investigations detailing specific incidents of maladministration, corruption and fraud in these municipalities, and identifying the parties responsible. As an illustration, in Dannhauser, a recovery plan commissioned by the provincial government to overcome critical municipal deficiencies has been entirely ignored by the council. Although the management assessment was submitted in December last year, no action has yet been taken. In fact, the findings and recommendations of the management audit have not even been discussed before full council. A similar situation is unfolding at the IFP-led Umtshezi municipality, where a preliminary forensic report into alleged extensive tender fraud was recently tabled. Instead of allowing discussion on the report, Mayor Lymon Shelembe questioned the credibility and qualifications of the forensic auditors appointed by the department. The auditors found that leading political office-bearers, senior municipal officials and "connected company" D & C Contractors were colluding in tender procedures, submitting faked quotations on other companies' letterheads, under-tendering, over-invoicing and awarding contracts to a host of front companies associated with the owner of D & C Contractors, Basanth Sewsunker. Although Sewsunker was blacklisted by the government after being convicted in 2001 for bribing a Public Works official investigating fraud charges against him, he has allegedly continued to get work from Umtshezi and Okhahlamba (central Drakensberg) municipalities valued at more than R500 000 per month." According the Local Government Department there has now been ministerial intervention in Dannhauser and Kokstad to probe the alleged lack of accountability by municipal officials and councilors.
Full article in The Witness (1 December 2003): www.witness.co.za...
Municipality built on backhanders
Thabo Mkhize reports that Corruption makes for strange bed-fellows: Gerrit Anderson, an AWB member, together with former Kokstad mayor Mlungisi Nyembezi established a front company (Mpuma Kapa) to secure affirmative action work intended for emerging contractors from the Kokstad municipality. Koktstad municipal manager Leonard Barnard warded these. An Auditor-general's report revealed that for in return for favours amounting to R652 314, Barnard approved contracts totaling R2811 375 to Anderson's company without qualified personnel being allocated to inspect the work done; approved invoices from the company for R1721 332, while the council only approved quotes to the value of R1341 120; paid the company R79 000 for the cleaning of pavements, which was never done; opened an account on behalf of the company and approved all invoices and quotes submitted by the company. Also under scrutiny is how R172 000 ended up in Barnard's wife account although being unemployed, and how a further R73 000 came to be in his daughter's account while she was a pupil. Kokstad's municipal manager, Tabane Thando, said the council had taken steps to recover the money lost through corruption totaling R 2 million and have instituted civil claims against Barnard and those companies involved in the Auditor-general's report of embezzling the council.
Full article in the Sunday Times (23 November 2003) ...
INDUSTRIES
White-collar criminals robbing SA of up to R50bn a year
Justice Penuell Maduna told a White Collar Crime conference in Gauteng that white-collar crime is costing the South African economy on average R50 billion a year, with eighty-two percent of businesses being probable victims. It accounts for 30% of all business failures, and consumes two to five percent of a healthy company's economic turnover. According to former judge Willem Heath - at one time in Johannesburg, 58% of companies were not reporting internal crime to the police, nor were they taking disciplinary or civil action against the offenders. This situation has a negative impact on much-needed investment in the South African economy, and also encouraged "potential criminals and syndicates to infiltrate South Africa" as it reflects a poor corrective action policy in the private sector. White-collar crime has serious repercussions on the government's ability to deliver health care, employment and housing as these services depend on a healthy and vibrant private sector. Business should not cover up white-collar crime, Maduna said, instead they should "let this element go to jail where it belongs."
Full article in The Cape Times (27 November 2003): www.capetimes.co.za...
More arrests of lawyers expected in fraud cases
"SEVERAL members of the legal profession throughout South Africa are being investigated for allegedly having defrauded the Legal Aid Board of more than R127-million over a two-year period. The assets forfeiture unit offices in Port Elizabeth has reported that the board lost R85-million in 2001 and R42-million in 2002 through fraudulent claims. Those under investigation are believed to have submitted false claims to the board, a government body which was set up to provide South Africa's indigent population with free legal service. The fraudulent claims are based on, in some cases, a misrepresentation of facts pertaining to the amount of time that was spent working on a case. The national crackdown can lead to further arrests throughout the country as investigations continue.
Full article in The Herald (3 December 2003): www.epherald.co.za...
CRIME AND JUSTICE
Probe targets cops' overtime
Norman Joseph and Zenzeli Khoisan report that "Allegations of corruption, abuse and non-payment linked to an overtime scam among Western Cape police members have come under the spotlight. While West Metropole Area police commissioner Raymond Strydom brushed off the scam as 'a registered grievance' and not yet an issue for investigation, Western Cape police commissioner Mzwandile Petros confirmed that a probe was underway. It is understood that Strydom had approved overtime payments, unaware that not all the claims were authentic. Senior police officers based at the West Metropole Area office allegedly fleeced tens of thousands of rands involving overtime pay for doing special duties such as at rugby matches. Officers also allegedly inflated overtime claims, while the names of others were placed in overtime registers, who did not do special duties on particular days. Commissioner Petros said that the allegations will be fully investigated by the police's complaints section, and a full report on this matter will be issued as soon as the investigation is completed.
Full article in the Cape Argus (24 November 2003): capeargus.co.za...
Three arrested over license fraud
Veven Bisetty reports that Provincial police and department of transport officials swooped in at the Rossburgh Testing grounds in Durban where they arrested a senior traffic officer and two clerks following allegations of corruption, fraud and bribery. Transport spokesman Logan Maistry said an intensive forensic audit had been undertaken into several learner drivers' licenses issued by the centre. The probe, he said, had revealed that applicants were either given notes or pre-marked answer sheets, and some were not even present in the class when they supposedly wrote their examinations. 'In some cases, the examiner had given the answers orally in the class room,' he said. 'A number of applicants who were suspected of having obtained their learner's license fraudulently were interviewed, and many of them confirmed that they had paid to obtain their learner's license,' Maistry said. In October a driving examiner was convicted of fraud and heavily fined by the Ixopo Magistrate's Court for making false statements to help family members get drivers' licenses. The court found that David Mandla Dlamini, a municipal examiner, had falsely claimed his wife and daughter were illiterate so that they would not have to do a written examination. Dlamini verbally examined the two women - as allowed by law in the case of illiterate people or those with medical conditions such as dyslexia - and submitted their applications. But the court heard that Dlamini's wife was a school principal and his daughter had passed matric. He was fined R10 000 - or three years' imprisonment. In another incident this year, the owner of a Durban driving school confessed he gave learner driver's license examiners money in return for 'passing' his clients.
Full article in the Daily News (2 December 2003): www.dailynews.co.za...
SOCIAL JUSTICE
Education: University fingers ex-mayor for fraud
Mzilikazi Wa Africa reports that the former mayor of Vereeniging, Mauritz Meyer, and his politician wife Dr Louisa Meyer, an Emfuleni Municipality New National Party (NNP) councilor, stand accused of defrauding Vista University of thousands of rands by submitting fraudulent invoices from bogus companies and then banking the money. Meyer, who is a public relations practitioner at the university, is facing 34 charges of misconduct after he fraudulently netted R208 883 from the university between January 1998 and October. His wife, an education lecturer at Vista, was facing eight charges of misconduct after allegedly defrauding the university of R30 611 since February 1998. Charges against the Meyers include amongst others: submitted an invoice claiming R97 563 from the university in 2001, where Mr. Meyer allegedly used a letterhead of a fictitious company named Phaphama and listed his home telephone number as the company's contact details; Mrs. Meyer submitted an invoice totaling R20 000 in December 2000 using the letterhead of a fictitious company called Loumey for photocopies actually made at the university on behalf of the Gauteng Education Department.
Full article in the Sunday Times (7 December 2003): www.sundaytimes.co.za...
Education: UDW probes ex-head's fat cheque
Buddy Naidu reports that "Medunsa principal Professor Mapule Ramashala will pocket R600 000 this month from the University of Durban-Westville as part of an agreement she signed before leaving the KwaZulu-Natal University last year. An investigation commissioned by UDW's council into issues of governance at the university reported that the former vice-chancellor overpaid herself R318 419 in leave pay, her salary doubled from R40 000 in 2000 to R80 000 a month at the time of her departure in December last year. The report also identified Ramashala's director of finance, Selva Govindsamy, who was retrenched by UDW this year after being suspended by vice-chancellor Saths Cooper. Govindsamy was overpaid R234 698 in respect of leave, he had a monthly salary that amounted to over R17 000 in early 2002, he also received 'an unexplained salary increase in July 2002 of R60 284 ...as well as a bonus of R29 333 in March 2002'. According to the report, Govindsamy was responsible for Cooper being overpaid by more than R62 000 during a six-month period."
Full article in the Sunday Times (7 December 2003) ...
Reform: Graft act will change mind-sets
Hennie van Vuuren writes that "under the stewardship of the African National Congress's Johnny de Lange, the committee that drafted the Prevention and Combating of Corrupt Activities Act has at last given SA a piece of legislation that has both the teeth and the hallmark of innovation required to combat graft. The act, which is based on international good practice and is being used by the UK House of Commons as a model law on which its new corruption legislation will be based is one of the last and most important pieces in SA's anticorruption armoury. It is set to work hand in glove with legislative instruments such as the Public Finance Management Act, the Promotion of Access to Information Act and the Protected Disclosures Act. Once it is passed by the National Council of Provinces, as expected in the new year, it will force a mind-set shift for both public and private officials. The implications for South African business are far-reaching by the fact that the maximum penalty for accepting, offering to accept, and giving or offering to give a gratification in order to corrupt, by either a public or private sector is life imprisonment. The act, by having a clause outlawing the bribery of foreign public officials brings it in line with legislation in member states of the Organisation for Economic Co-operation and Development. If not discouraged from engaging in bribery abroad, companies could "import" these criminal practices into their domestic dealings fuelling corruption locally. The new act also makes provision for the protection of witnesses from undue influence and places a duty on individuals holding a position of authority to report corrupt activity. The latter in particular will force senior managers in government, parastatals and the private sector to blow the whistle on graft. Failure to do so carries a maximum penalty of 10 years' imprisonment. The support the Act has found will now have to be backed with rigorous implementation with oversight from Parliament, the media and civil society. This, with a concerted effort to promote ethics among private and public sector officials and a real effort to raise awareness among the citizenry of the need to challenge graft, will win back the opportunities lost to corruption.
Full article in the Business Day (3 December 2003): www.bday.co.za...
Also see: No fishy deals to evade law's net
The Star (27 November 2003) by Andre Koopman: www.thestar.co.za...
Visit the Parliamentary Monitoring Group (PMG) to view the Act: www.pmg.org.za...
Reform: Global impetus for corruption fight
In Business Day, Geraldine Fraser Moleketi, Minister for Public Service and Administration writes that "The United Nations Convention Against Corruption represents the global community's attempt to articulate a broad strategy to combat corruption at an international level. The United Nations (UN) General Assembly decision to establish the new convention means the international community can take stock of workable solutions developed at multilateral level. Once adopted and ratified, the UN Convention Against Corruption will enhance co-operation among governments and help standardize the way in which individual countries deal with corruption in their national legislation. The convention will also pave the way for a more unified international response to corruption. The South African Development Community Protocol Against Corruption, which SA has ratified, and the African Union Convention on Preventing and Combating Corruption, is in line with the provisions of the UN convention. Furthermore, the South African new Prevention and Combating of Corrupt Activities Act will contribute to making the country comply with the UN convention's requirements. How does this affect the private sector? Parties to the convention must take measures to prevent corruption in the private sector. Among others: Article 12 of the convention has provisions that include enhancing accounting and auditing standards, it also makes recommendations related to the maintenance of books and records, financial statement disclosures, and accounting and auditing standards; Article 13 makes provision for the participation of civil society; Article 14 contains measures to prevent money laundering; Article 21 provides for the criminalization of bribery and embezzlement in the private sector; Article 22 covers embezzlement of property in the private sector; Article 26 establishes the liability of legal persons for participation in the offences established in accordance with the convention; Article 32 requires that parties provide effective protection of witnesses, experts and victims of corruption from retaliation or intimidation; Article 33 provides for the protection of reporting persons; Article 39 has particular reference to financial institutions. The provisions also suggest that nationals must be encouraged to report corruption.
Full article in the Business Day (3 December 2003): www.bday.co.za...
Visit the UNODC website to view the Convention: www.unodc.org...
Research: Police corruption is regarded as 'acceptable' by peers
Dumisane Libisi reports that research undertaken by the Centre for the Study of Violence and Reconciliation (CSVR) reveals that 66,6 percent of police officials in Gauteng province consider taking a R100 bribe from an illegal immigrant as serious, with only 18 percent believe such a member should be disciplined; a total of 32,2 percent indicated that corrupt members should get a written warning, while 15,5 percent believe a verbal warning is necessary; 21,7 percent believe suspension is justified, 6,7 percent want corrupt officers to be demoted and 5 percent believe nothing should happen. More than half of the police do not believe their colleagues will report misconduct. A total of 872 police officers were suspended during the last financial year on a range of charges including corruption, assisting escapees, defeating the ends of justice, murder and armed robbery. Police despondently believe that they will never beat organized crime because of corrupt members who are in the pay of such groups, either killing off witnesses or making them disappear while under safeguard protection within the confines of the police.
Full article in This Day( 24 November 2003) ...
Research: Economic crime still rampant in SA companies
A recent survey covering 3500 CEs from all parts of the world, including 91 companies in SA in the financial services and manufacturing sectors, conducted by PricewaterhouseCoopers indicates that more than 70% of South African companies have reported being the victim of economic crime during the past two years; 40% of the companies surveyed uncovered the crime by accident or chance; only 37% of smaller companies (with less than 1000 employees) reported economic crime, compared to 52% in larger companies (with over 1000 employees); some fraud was never uncovered and other economic crimes were often treated as commercial losses. The report suggests that despite arguments to the contrary by business leaders, companies still have some way to go in setting up internal structures to uncover economic crime. Money laundering continued to pose a serious threat to the credibility of unsuspecting third parties. Innocent and naive organisations were regularly exposed to serious risks, including criminal prosecution, asset forfeiture and damage to reputation. The survey also disclosed that the financial services industry reported more incidences of economic crime than other industries. The survey cited the banking and insurance sectors as obvious targets for fraudsters, given the significant quantities of physical assets held, and access to financial transactions. Industries such as manufacturing and construction were prone to economic crimes ranging from product piracy to asset misappropriation; the most commonly reported type of fraud reported in these sectors. The highest levels of crime were reported in Africa (51%) and North America (41%).
Full article in Business Day (28 November 2003): www.bday.co.za...
The National Anti-Corruption Forum (NACF)
The South African National Anti-Corruption Forum (NACF) was launched on 15 June 2001, in Langa. The body consists of thirty representatives drawn from government, civil society and the private sector (ten members nominated by each of the respective constituencies). Civil Society representatives are drawn from the Faith based community, Trade Unions and NGO's while business is represented by an array of business federations.
A novel approach intended to bring all three sectors together to frequently deliberate on anti-corruption initiatives, the NACF has few if any international precedents to draw upon. The decision to establish the NACF emerged out a number of initiatives in the late 1990's. These include the first Public-sector anti-corruption conference, held in Cape Town on 10-11th November 1998 where a call was made for the anti-corruption effort to become a national concern, which would include all sectors of South African society. Consequently, a National Anti-Corruption Summit was convened in April of 1999. At the summit, a resolution was passed, calling for a national anti-corruption forum to be established.
In the first eighteen months of its existence the NACF met infrequently. This probably has as much to do with composition of the body (a number of Ministers with competing schedules are members) as well as a lack of appropriate ownership by the various sectors. However, through the intervention of the National Religious Leaders Forum in late 2002, the executive has supported an attempt to revive this body. This included the appointment of a new chairperson in the Minister for Public Service and Administration, Ms Geraldine Fraser-Moleketi. The Secretariat of the NACF is housed with the Public Service Commission (PSC).
For more details concerning the NACF - or to contact members of this body - contact the head of the Secretariat in the PSC:
Mr. Roderick Davids
E-mail: RoderickD@opsc.gov.za
Tel: (012) 352-1123
Please forward announcements you may have concerning conferences, seminars and publications to: umqoled@issct.co.za
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@issct.co.za - Tel: 021 4617211
Paul Arendse (ISS Research Assistant)
Pilisa Gaushe (Manager: ISS Corruption Resource Centre)
please email: umqoled@issct.co.za
"Corruption and misadministration are inconsistent with the rule of law and the fundamental values of our Constitution. They undermine the constitutional commitment to human dignity, the achievement of equality and the advancement of human rights and freedoms. They are the antithesis of the open, accountable, democratic government required by the Constitution. If allowed to go unchecked and unpunished they will pose a serious threat to our democratic state". President of the SA Constitutional Court (Judge Arthur Chaskalson), 2000
Umqol'uphandle - SA Corruption Briefing, a monthly free e-briefing, aims to document and inform on instances of corruption in South Africa and the SADC region and assist in raising the debate around effective anti-corruption strategies - with a South African perspective. Published by the ISS - Organised Crime and Corruption Programme, Umqol'uphandle highlights the results of relevant research, initiatives to combat corruption as well as a snapshot of recent corruption related stories, which have appeared in the media. Each edition features the top corruption related story from the SADC region as well as a short profile on a key anti-corruption agency, organisation or instrument.
Umqol'uphandle is inspired by a Xhosa proverb meaning "the moment when something which has been hidden is revealed".
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