The ISS is pleased to announce the launch of a new website:
the Southern African Internet Portal on Corruption (IPOC)
Visit - www.ipocafrica.org |
'You only have one chance'
In the early hours of 03 February the bodyguards of the corruption busting Georgian Prime Minister Zurab Zhavania decided to check on his well-being. Zhavania lay dead - the apparent cause was gas poisoning.
Georgia is more than 10 000 kilometres from South Africa's border however recent events, should they prove to have not been an accident, expose the soft underbelly of the international anti-corruption movement. On the one hand governments, business and civil society form a chorus calling for systemic change and the need to do more about corruption. However, when somebody like Zurab Zhavania starts to implement radical reforms in a country plagued by corruption entrenched elites are ready to flex their muscles if necessary. Perhaps we underestimate the strength of such networks, 'counter-revolutionaries' who are driven less by ideology and more by greed.
The recent weeks have also seen blows against anti-corruption efforts on the African continent. In Malawi President wa Mutahrika who has been supporting efforts to prosecute senior cabinet ministers in the former Malawi government - including ex-President Maluzi - on charges of corruption has effectively been dumped by a majority of MP's in the ruling party. Mutarika's brash manner of dealing with old friends may have left him politically isolated. He may also have wished to sideline aspirant contenders for his job. The political intrigues aside - the people he targeted include a number of notable characters - including the former minister of poverty alleviation who is alleged to have emptied state coffers to fill his belly - all at the expense of the countries poor.
John Githongo, Permanent Secretary in the office of Kenyan President Kibaki, chose London to announce his resignation in early February. A leader in the international anti-corruption movement who had come to represent much of the hope that ordinary Kenyans have in Kibaki's rainbow coalition, Githongo was out-gunned by those who appear to favour a return to the ways of old under Moi.
Which brings us to back to South Africa, where Andrew Tladi, an official in the Department of Health was murdered in December 2004 (See Provincial Administration) . Tladi, who was investigating collusion between officials in the department - was the victim of a 'professional hit' according to local police officials. His commitment to Batho Pele (people first) did not enjoy universal approval. Andrew Tladi, cannot be compared in political profile to wa Mutarika, Zhavania or Githongo. The political environment in South Africa is also not a mirror of the problems faced in Malawi, Georgia and Kenya. However Andrew Tladi's murder should bring the message home to us that there are powerful players who given an opportunity will scuttle anti-graft efforts - even in a maturing South African democracy. We see this being played out in the debate around the independence of the Scorpions as an institution, in the shadow that has been cast over the integrity of Parliament by Travelgate and the ever-present whiff of corruption that hangs around the arms deal and individuals involved in it.
The National Anti-Corruption Summit (See Announcements) will no doubt address the important issues of partnerships between government, business and civil society to combat graft. The impact of corruption on service delivery will be another issue as well as governments implementation of the Public Service Anti-Corruption strategy. However, space must be made to discuss some of the difficult political issues mentioned above. 2005 will be another test of the integrity of many of these institutions.
In the words of President Zhavnia at an anti-corruption meeting in Kenya late last year, 'We only have one chance'. As South Africa enters a second decade of democracy, it's clear that we have gone too far forward to choose to go back.
Andrew Tladi would no doubt have agreed.
Public Service
National Administration
Watchdog to take Armscor to court over documents
Making use of the Promotion of Access to Information Act (PAIA), the Human Rights Commission (HRC), the state's human rights watchdog, has embarked on a groundbreaking legal action to force Armscor, the state defence procurement agency, 'to release documents that could prove corrupt dealings with controversial French armaments company African Defence Systems.' This follows Armscor's refusal to grant the HRC's information request and marks the first time this state body has taken legal action against another. According to a report by Christelle Terreblanche, 'the allegations of corruption and fraud relate to an Armscor contract granted to ADS to upgrade missile systems for the air force and first surfaced in 1998 when a former ADS employee, engineer Fritz Louw, blew the whistle.' Full Article in Sunday Argus (23 January 2005)
Arms deal: back to square one
Was the arms deal corrupt? asks Gavin Woods, writing shortly after new documents, consisting of earlier drafts of the final report on the investigation into South Africa's multi-billion rand arms deal, have been brought to the public spotlight by defence contractor Richard Young. Woods an IFP MP and former chairperson of the Standing Committee on Public Accounts (Scopa) attributes the existence of this disturbing question largely to the apparently diluted final report tabled by the Joint Investigation Team (JIT) in November 2001. Drawing from the bulk of what appears to be the outstanding documents, which Auditor General Shauket Fakie held back from Young, Woods suggests that 'hugely significant and material changes were made to the final report' including the removal of key passages alluding to 'highly improper or corrupt interventions in the selection processes of the armaments.' Woods recommends that the Auditor General 'should be called before two committees in Parliament - Scopa and the Ad Hoc Committee which oversees the general functioning of the AG and his office - both of which should desist from questioning procedures contrived to ensure the AG was not cornered in his two previous arms deal-related appearances in Parliament.'
Full Article in Sunday Argus (23 January 2005)
Parties seek answers on arms report
Gavin Wood's recommendation, summarised above, echoes calls made by political parties for 'a judicial inquiry into whether the report to Parliament on the arms deal was indeed a cover-up .' Tim Cohen reports that while Democratic Alliance (DA) spokesman Eddie Trent and United Democratic Movement leader Bantu Holomisa recommend the establishment of a judicial commission headed by a renowned judge, Independent Democrats leader Patricia de Lille prefers a court forum that would enable the prosecution of those who misled parliament. None of the ANC quarters responded to inquiries about the arms deal report. Full Article in Business Day (10 January 2005)
Travelgate MPs off the hook?
Expectations that the Scorpions were likely to arrest 40 MPs involved in the travel scam are unlikely to be realised following a 'behind-the-scenes negotiations in which lawyers acting for the MPs managed to ensure the removal of the names of some of their clients from the original list of the 40 suspects.' According to Jimmy Seepe, this 'means that when MP's finally appear in court on February 18, as announced by the Scorpions.the list will be far shorter than the original 40.' Full Article in City Press (30 January 2005)
Provincial Administration
Anti-graft boss slain in 'pro hit'
Limpopo and Mpumalanga police have come together to form a joint task team to conduct a top-level probe into the assassination of corruption buster, Andrew Tladi, a member of the public service who was investigating alleged irregularities and financial mismanagement involving multi-million-rand tenders at the Limpopo Department of Health. Makhudu Sefara reports that Tladi's death occurred 'two days before a crucial meeting' with the head of the health department's legal services while preparing a 'hard-hitting report about his section.and talking about the possibility of cancelling some contracts and tenders because they were irregularly entered into.' Mpumalanga police spokesperson Malcolm Mokomene described the manner in which Tladi was murdered as: "a planned assassination". According City Press several health department officials described Tladi as a 'no-nonsense manager who ruffled feathers when he attempted to stop a culture of collusion between private companies and civil servants.' Thus far two suspects have been detained and questioned.
Full Article in City Press (19 December 2004)
Police draw first blood against EC corruption
Three senior officials (the CEO, CFO and Executive Manager) at the Eastern Cape Development Corporation (ECDC), the largest provincial development corporation in the country, have been netted following an intense offensive by SAPS elite unit, the Serious Economic Offences Unit. The ECDC boasts a balance sheet of R5billion. Arrested on fraud allegations relating to certain non-disclosures in respect of the sale of Mpekweni Sun to Silver Charm Investments, the trio, according to a report by Barry Sergeant, were released on bail of R20 000 each. The Auditor General is reported to be conducting a separate probe on corporate governance issues at the ECDC.
Full Article in the Citizen (14 December 2004)
Corruption probe: executive resigns
In what is speculated to be a move to pre-empt 'the scheduled release of PriceWaterhouseCoopers' audit into widespread systemic fraud, corruption and mismanagement at the Mpumalanga Economic Empowerment Commission (MEEC)', CEO Ernest Khosa has opted to resign from the embattled parastatal. The audit, according to Justin Arenstein and Jimmy Seepe's report, scrutinises 'Khosa's jet-setting lifestyle over the past six years, as well as his role in facilitating a string of irregular multi-million-rand loans to MEEC board members and even larger contracts to companies linked with senior MEEC managers.' Khosa's stated reasons for resigning are less about the audit and more about the integrity and public image of the MEEC. Full Article in City Press (23 January 2005)
Profiteers in land scandal 'likely to be prosecuted'
Following a City Press exposé, beneficiaries in the alleged systematic manipulation of sale prices for 21 vegetable and dairy farms in Mpumalanga's Badplaas valley are likely to face criminal prosecution as forensic auditors conclude their 'hard-hitting' report. The land scandal, according to a report by Justin Arenstein, allegedly involves land speculators colluding with Land Commission officials who devised a fraudulent scheme to inflate 'land prices on gazetted farms and then [overcharge] the taxpayer up to 2 000 percent in one instance and 300 percent in at least six other transactions.' Agri Badplaas, the local farmer's union, 'has condemned the investigation' on alleged profiteering in the R72 million land restitution deal as 'a smear campaign.'
Full Article in City Press (23 January 2005)
Local Government
Embezzlement witness reported missing
Police are investigating the disappearance of chief financial officer at Mpumalanga's Govan Mbeki Municipality, Joshua Ntshuhle, who 'was expected to testify in the Secunda Regional Court on January 13 and 14 against a former senior official who is facing a string of fraud and corruption charges.' Ntshuhle is known to have 'been at the forefront of exposing wide-scale financial irregularities at the council, including the abuse of executive mayor Mdibanisi Tsheke's discretionary funds, which was allegedly used to bankroll private jaunts, councillors' gifts, and year end parties for politicians and officials.' According to a report by Sizwe Semayende, the Eastern Highveld police had not yet established whether Ntshuhle's disappearance was linked to the key evidence he was expected to present.
Full Article in City Press (23 January 2005)
Top-level probe of corruption in metro
A shock report that follows an audit into allegations of corruption in the housing delivery projects in the metro has prompted Housing and Local Government MEC Gugile Nkwinti to call in the Special Investigations Unit (SIU) to investigate the metro and 12 other Eastern Cape municipalities. The report, which will be publicised in February, points to various irregularities including the flouting of council procedures in certain aspects of the housing projects and the granting of subsidised houses to government officials who did not qualify. Sam Mkokeli reports that 'developers, municipal officials and councillors were implicated in the fraud and bribery allegations.' Full Article in the Herald (14 January 2005)
Traffic dept's damning 'secret' report
Gross irregularities in the appointment of personnel within the Nelson Mandela metro's traffic department have been uncovered following the leaking of a damning secret report to The Herald. The report finalised in May 2004, according to Max Matavire, confirms the allegations made by nine traffic officers who face the threat of dismissal after having alerted the municipal manager 'to irregularities in the appointment of 40 traffic officers.' It is alleged that 'some applicants interviewed were not even on the short list, some had not filled in application forms . [or] submitted application forms with inadequate documentation.' 'The nine officials were suspended for attempting to 'cause a stir'.and inciting others to embark on a strike'
Full Article in The Herald (14 December 2004)
Corruption-busting official reinstated
The Johannesburg Labour Court has ruled that Govan Mbeki municipal manager in Secunda, Thabo Mafihla, should get his job back and have all legal costs paid by the council. Sizwe Samayende reports that executive mayor, Mdibanisi Tsheke, had attempted to sack Mafihla 'for refusing to re-instate a senior official municipal official who was fired on the grounds of 17 fraud, corruption and misconduct charges.' Having not succeeded at this 'Tsheke launched another attack by dismissing Mafihla for refusing to sign a new contract, which changed the terms and conditions of his original 2001 contract.' The ruling of the Labour Court rendered this second attempt to dismiss Mafihla fruitless.
Full Article in City Press (30 January 2005)
Industry
Motala's books come under scrutiny
Despite having succeeded in having the criminal case against him withdrawn from the roll in the Johannesburg's Magistrate Court, liquidator Enver Motala is not yet off the hook as his books are currently undergoing forensic scrutiny. Expected to be completed in three month's time the audit is envisaged to yield evidence that will lead either to the re-arrest of Motala or a subpoena for him to appear in court. Rob Rose reports that police are not only confident that Motala's case will go back to court but also believe that more union officials and people from the master's office will be arrested. 'Following Motala's arrest eight others were arrested on related charges that they were involved in a corruption ring with the liquidator'. According to his attorney Motala continues to proclaim his innocence.
Full Article in Business Day (28 January 2005)
Roger Kebble not off the hook yet
(Former) National Prosecuting Authority (NPA) spokesman, Sipho Ngwema, has declared that the court's decision to strike the case of mining magnate Roger Kebble from the court roll was 'not a victory for anybody' as this is not the same as withdrawing the charges against him. Ngwema was responding amidst the concern that the Kebble case represents yet another failure to bring corporate high-fliers to trial. According to a report by Angela Quintal the decision by magistrate Vivien Hawkins to remove Kebble's case from the court roll came after NPA head Silas Ramaite request a postponement of the trial in order to have more time to consider new evidence. In addition key documents prepared by the prosecution were stolen or leaked. Kebble legal team included retired Judge Willem Heath. Full Article in Cape Argus (20 January 2005)
Social Justice
Woman at wit's end as efforts to report grant fraud ignored
A 36-year old Eastern Cape woman has expressed great disappointment with department of social development officials as her attempts to report social grant fraud to a provincial hotline fell on deaf ears on more than two occasions. Makhaya Komisa reports that the officials' indifference, according to the whistleblower, was a consequence of their collusion with social grant fraudsters and was therefore an attempt to cover up for them. Social development spokesperson, Gcobani Masawana has stated that once the identity of the officials has been ascertained action will be taken against them. Full Article in The Herald (11 January 2005)
SIU's biggest operation: to stop security grant fraud
Fraudsters who are robbing the social development department of over R1,5 billion a year in social security grants are to be tackled by 'more than 150 investigators, forensic experts and fraud detectors' in what is deemed 'to be the Special Investigation Unit's biggest probe ever.' According to a report by Makhudu Sefara, this is the boldest step social development minister Zola Skweyiya has taken to date 'against an ingrained culture of corruption in his department.' The SA Social Security Agency, is expected to among other things, investigate parents who reportedly receive child grants for an estimated 14 000 'deceased' children; as well as over 10 000 people who receive old age grants for which they do not qualify.
Full Article in City Press (30 January 2005)
Crime and Justice
Police: Khayelitsha police inspector on bribery charges 'suspended'
An inspector at the detective service at Lingelethu West in Khayelitsha has been suspended on full pay in what is termed to be a 'zero-tolerance' approach to corruption within the SAPS ranks. A'eysha Kassiem reports that the suspension comes after the inspector's arrest and release on bail of R500 on corruption charges, which involved bribe-taking.
Full Article in Cape Times (20 January 2005)
Research: Public agrees senior government officials are corrupt, survey shows
A telephonic survey conducted by Research Surveys amongst 500 South African adults in metropolitan areas elicited the agreement that 'there is corruption at senior levels of government, police are taking bribes and corruption is getting worse.' However, variables like sample size (500 South African adults), question formulation (agree or disagree), and population group (limited to those at metropolitan areas) make it difficult to generalise this finding to the larger South African public.
Full Article in Cape Argus (26 January 2005)
Reform: US experts help SA fight white-collar crime that costs R40bn a year
Triggered by the increasing attractiveness of South Africa to financial crime syndicates because of its solid financial infrastructure, 'the US Secret Service is set to provide financial crime training to the SA Police Service and Scorpions' in order to assist SA to tackle organised financial crime. Bruce Venter reports that the two-week programme was launched in Pretoria recently and 'will also concentrate on money laundering, asset forfeiture, cheque and credit card fraud, insider stock market trading and medical motor vehicle fraud.' According to US Embassy spokesman Daniel Stewart, the goal of the 'law enforcement assistance is to enhance South Africa's ability to detect, investigate and prosecute crime, including drug trafficking, financial and other organised crime and terrorism.'
Full Article in Cape Times (18 January 2005)
The ISS Organised Crime & Corruption Programme (Cape Town) has launched
the Southern African Information Portal on Corruption (IPOC)
This portal provides Anti-Corruption practitioners (in government and the private sector), researchers, policy makers and civil society activists - concerned with combating corruption in Southern Africa - with 'an entry point' into anti-corruption activities in the region. Civil society anti-corruption organisations signalled the need for such a portal as far back as 2002 in a meeting in Zimbabwe and the ISS Cape Town Anti-Corruption project is attempting to meet this demand by broadening the scope of the document database previously made available on the ISS website.
IPOC seeks to provide users with:- A searchable database of almost 1000 documents about corruption and anti-corruption strategies in Southern Africa - many of which can now be downloaded in full.
- A news 'blog' service provides corruption news headlines from the Southern African region on a daily basis. Visit the site regularly to keep up to date with corruption trends in the region and initiatives to counter it.
- Detailed case studies of major groundbreaking attempts to tackle corruption in Southern Africa including relevant legal documents, research reports, newspaper clippings and web links. This is a unique attempt to provide researchers with a full picture of these important events, helping to understand the complexity of anti-corruption initiatives.
- Contact details and links to selected civil society organisations, research institutes and academic institutions active in anti-corruption work. Selected and private sector links will be added in due course.
- News of upcoming events in the region.
- Highlights of new anti-corruption initiatives launched by governments, the private sector and civil society in Southern Africa and globally.
- Links to all ISS publications dealing with corruption including: Monographs, Papers, Conference Proceedings and a newsletter - Umqol' Uphandle - SA Corruption Briefing.
South African National Anti-Corruption Summit, Pretoria, 22-23 March 2005
The Public Service Commission, Secretariat of the cross-sectoral National Anti-Corruption Forum is co-ordinating preparations for the 2nd National Anti-Corruption Summit. The summit, that was originally scheduled to take place in late 2004, will now take place from 22-23 March in Pretoria and is expected to draw together as many as 300 delegates from civil society, government and business.
The National Anti-Corruption Summit gives Government, Civil Society and the Business Sector, a platform to engage and come up with mechanisms aimed at fighting and preventing corruption. All three sectors are also engaged in organising the event which has been billed as "not a talk shop".
The Summit seeks to achieve the following objectives:- Assessing strategies and past achievements in fighting corruption;
- Examining future challenges for both combating and preventing corruption; and
- Uniting sectors in a common programme of action.
For further details please contact:
John Mentoor at the Public Service Commission
Tel: (012) 352 1176
e-mail: johnm@opsc.gov.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 Cape Town based ISS Organised Crime and Corruption in Africa Programme, and funded by the Danish Development Agency (DANIDA) through the Embassy of Denmark as well as the Norwegian Development Agency (NORAD) through the Embassy of Norway.
Editorial Team:
Hennie van Vuuren (Senior Researcher: Anti-Corruption Strategies)
hvanvuuren@issct.org.za - Tel: 021 4617211
Andile Sokomani (Researcher: Anti-Corruption Strategies)
andile@issct.org.za
Pilisa Gaushe (Manager: ISS Corruption Resource Centre)
Visit the Southern African Internet Portal on Corruption http://www.ipocafrica.org
please email: umqoled@issct.org.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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