Issue No 023
 February/March 2005

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Top SADC Story

Chiluba's 'underpants are aired in public'

"What they have done is bring my underpants out to the general public" former Zambian President fumed in response to the seizure of 100 pairs of shoes, 300 shirts and 150 suits belonging to him. While Chiluba felt that this was an attempt to embarrass him and make him look like former corrupt dictator Ferdinand Marcos, "the investigators said they wanted to show how he abused the office during his 10-year rule that ended three years ago". According to Chiluba, "Zambians know m and know that I have dressed very well since the 1960's". Chiluba's wardrobe was seized from the premises of a privately financed services firm linked to siphoning off public monies during the Chiluba administration. Chiluba's successor Levy Mwanamasa "has made an anti-corruption campaign targeting Chiluba's administration the center piece of his presidency."
Full article in the Star (15 March 2005)

 

Internet Portal on Corruption (IPOC)

The Southern African Online Internet Portal on Corruption (IPOC) is the first web-based portal 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 including case studies, news headlines and an online downloadable library :
Visit:
www.ipocafrica.org

 

Archives

All back issues of Umqol'Uphandle are posted on the ISS website.
Visit: www.issafrica.org...

"The moment when something which has been kept hidden, becomes exposed"

 

Visit the
Southern African Internet Portal on Corruption (IPOC)
www.ipocafrica.org

 

 EDITORIAL


A roadmap in need of travelers

When the 450 strong 2nd National Anti-Corruption Summit met in Tshwane a day after Human Rights day it set a new national agenda for combating corruption in South Africa. The meeting representing civil society, the private sector and government has drafted a set of resolutions which - if implemented -could go a long way towards making anti-corruption institutions more effective, plugging holes in the existing regulatory framework and better involve all sectors in the fight against corruption.

A day prior to the summit the draft Transparency International National Integrity Systems Study was launched at a civil society meeting. The study, authored by the ISS Organised Crime & Corruption programme is the result of eighteen months of research and includes a number of key recommendations for combating graft in South Africa. Many of these have been included in the resolutions of the National Anti-Corruption summit (See Profile) - which constitute a roadmap for anti-corruption practitioners in the years ahead. Importantly the summit has tasked the National Anti-Corruption Forum (NACF) (consisting of thirty delegates drawn from the major sectors) with developing a programme of action by 23 June 2005 as a first step to ensuring that what is thus far an important public commitment to fighting corruption is translated into action.

The resolutions may not name any names - but cover a number of tricky areas that have all featured in Umqol'uphandle over the past two years. These include the measures to improve the protection of whistleblowers; the need for educating the youth in combating corruption; improved co-ordination amongst anti-corruption agencies (not necessarily shutting them down); and a "cooling off period" for senior civil servants.

Importantly the summit also recognised that disclosure requirements (of assets and interests in order to better detect a potential conflict of interests) should be extended to parastatals and local government. This is to be matched by a review of the current framework for MP's and senior members of the public service in order to improve procedures and enforce stiffer penalties. The perception of corruption created by non-disclosure has been highlighted most recently in a matter involving Deputy President Jacob Zuma (see National Administration).

Although the resolutions do not explicitly call for disclosure of party funding sources - they do require SA to comply with its international obligations - including the AU Convention Against Corruption that requires Parliament to regulate this practice. The summit has also picked up on one of the recommendations of the TI National Integrity Study that calls for a scoping exercise to examine crimes of corruption under apartheid (see National Administration). Although a compromise was found in civil society undertaking more research on the matter - it has not been buried - and the findings of this research report must be presented to the NACF by September 2005.

South Africa's multi-billion rand corruption 'industry' tends to be dominated by corrupt individuals and criminal syndicates within business and government. However civil society (including churches, charities and sports) are not immune to such practice. The summit recognised this and we have decided to include a new section on Civil Society and Sport from this edition in order to formalise reporting on this in Umqol'uphandle - SA Corruption Briefing.

A roadmap has been drafted to take the struggle against corruption forward, the challenge is now for the National Anti-Corruption Forum to get its house in order, resolve problems regarding membership of this body (a destabilising factor in the past) and ensure that we move from resolutions into action. President Mbeki would no doubt agree that this is what we should be measuring ourselves against and not subjective perceptions.

All eyes are on the Forum to see how it navigates the roadmap.

 

 NEWS HEADLINES


Public Service

National Administration
Bid to recover ill-gotten gains under apartheid

Following a heated exchange between representatives of business, government and civil society during the concluding stages of the National Anti-Corruption Summit in Pretoria, government has conceded to "consider investigating "grand corruption" in the apartheid era and might support moves to recover money stolen in the last days of white rule." A watered down version of civil societies "proposal for a resolution demanding a National Prosecuting Authority probe" on the matter, the concession was in the form of allowing civil society to prepare, and present to the National Anti-Corruption Forum within six months, a research report on crimes of corruption under apartheid rule. Sunday Times' Dumisani Lubisi, Dominic Mahlangu and Brendan Boyle report that Public Service and Administration Minister, Geraldine Fraser-Moleketi, had cautioned that "any move to prosecute corruption before 1994 would have to be considered against the commitments made in constitutional negotiations and in the sunset clauses agreed to reassure whites before the transfer of power." The issue was brought to the summits attention by the ISS authored TI National Integrity Study-South Africa.
Full Article in Sunday Times (27 March 2005)


Cooling-off period on ice?

A regulation or law to enforce a 'cooling-off period' for senior civil servants and politicians is unlikely to be drafted soon. Such regulation would require senior officials to take time out after leaving the employ of government to join the private sector (particularly a sector which the official was closely involved with while in government). According to City Press journalist Jimmy Seepe "both Public Service and Administration minister Geraldine Fraser-Moleketi and Public Service Commission chairperson Prof. Stan Sangweni admitted that while there has been broad consensus for government to enact legislation dealing with a cooling-off period, such legislation might be far away" since "it would first have to pass certain legal and constitutional tests before becoming law." This was a reference to "a resolution adopted at the second national anti-corruption summit for government to enact legislation to force a cooling-off period for senior public servants who leave the public service."
Full Article in City Press (March 27 2005)


DA move to trigger Fakie probe fails

The parliamentary ad hoc committee, which is tasked with supervising the auditor-general, decided that its temporary status made it an inappropriate body to probe Auditor-General Shauket Fakie's [alleged] altering of draft reports of a special investigation into the arms deal. This has thrown the Democratic Alliance's (DA) attempts to launch a parliamentary investigation of the matter into an abyss. As Linda Ensor of Business Day points out, the DA had based its request for an inquiry by Parliament on two arguments: one was that "the integrity of Fakie had been brought into question by media reports indicating that he had substantively altered the draft reports after meeting with the cabinet." Secondly, DA public accounts spokesman Eddie Trent had asserted that he had 'new' evidence "that required investigation and which he wished to present to the appropriate committee." The standing committee on public accounts has already indicated its unwillingness to reopen matters it has already considered.

Full Article in Business Day (09 March 2005)

Don't merge Scorpions

Any attempt to merge the Scorpions with the South African Police Service (SAPS) has encountered serious objections from South African civil society organisations including the Institute for Security Studies (ISS), Centre for the Study of Violence and Reconciliation, Institute for Democracy in South Africa, Open Democracy Advice Centre, the South African NGO Coalition, the Benchmarks Foundation of Southern Africa and Transparency South Africa. The organisations were concerned that the merger would, among other things, diminish the Scorpions' independence and ability to tackle highly complex criminal cases without fear or favor. The civil society organizations have called on the Kamphepe Commission, appointed by President Mbeki to address the future role of the Scorpions, to focus on improving the effectiveness of this body together with all other anti-corruption agencies.
Full Article in the Citizen (07 March 2005)


Zuma: Damaging new evidence

A sheaf of new evidence relating to the allegedly corrupt relationship between Deputy President Jacob Zuma and Durban businessman Schabir Shaik has emerged at the Shaik trial. Sam Sole observes that this new evidence comes at a time when the African National Congress Youth League had repeated its endorsement for Zuma to succeed President Thabo Mbeki. Among the documents presented as allegedly demonstrating how Shaik used Zuma's name and influence to further his business interests are: "An affidavit apparently claiming Zuma directly interceded with the developers of Durban's Point Waterfront in a bid to have Shaik's Nkobi group allocated a share in the project; [and] letters from Shaik indicating that Zuma, at Shaik's behest, arranged a meeting between then safety and security minister Steve Tshwete, Shaik and British businessman Grant Scriven to enable Scriven and Shaik to present a proposal for the privatization of the police motor vehicle fleet."
Full Article in the Mail and Guardian (04 February 2004)


'Bribe' fax setback for Shaik, Zuma'

A high court ruling admitting as evidence the encrypted fax allegedly recording an agreement for R500 000 a year to be paid to Deputy President Jacob Zuma in return for his "protection" during investigations into the arms deal "brings Shaik and Zuma a step closer to the witness stand in the Durban High Court ." Nicola Jenvey reports that Judge Squires tightened the corruption noose for both Shaik and Zuma in ruling that the fax was an executive summary of the March 11 meeting between Thomson-CSF Africa director Alain-Thethard, Shaik and Zuma. "The state argued that this cemented the annual bribe for Zuma in exchange for protection against investigation into arms deal irregularities".

Full Article in Business Day (18 February 2005)

Zuma's loan agreement not listed in MP's register

The Durban high court, where businessman Schabir Shaik is on trial on fraud and corruption charges, has heard that "an alleged R2-million revolving loan agreement between Shaik and Deputy President Jacob Zuma has not been recorded in parliament's register of members' assets ." Responding to a request by investigators asking for access to the register Speaker Baleka Mbete had said that a copy of the agreement was "not contained in the confidential register of members' interests, save that a copy of the said loan agreement was disclosed to the joint committee on ethics on a confidential basis by the deputy president."
Full Article in Cape Times (18 February 2005)


Who will guard the guardians?

Senior investigator in the country's Office of the Public Protector, Reuben Mbuli reportedly "stands accused of taking tens of thousands in backhanders" in his previous job. A Mail and Guardian report reveals that Mbuli - then chief administrator of the now defunct Vista University - received a possible total payment of R70 000 in 2000 for multimillion-rand outsourced IT contracts performed by Jim Miller's companies. Mbuli denied that he had an improper relationship with Miller as payments received from him "were a "retainer" for outside legal work he had done for Miller, "who wanted legal advice on various issues."
Full Article in Mail and Guardian (25 February 2005)


Whipping up a storm

Writing in the Sowetan Waghied Misbach observes that the ANC chief whip's (Mbulelo Goniwe) "criticism of the Scorpions over their investigations of Travelgate - the alleged abuse by MP's of their travel vouchers - amounted to an emotional tirade and was a parody of the gung-ho cowboy stereotype he accuses the Scorpions' investigators of being." Misbach argues that Goniwe's remarks overshadowed his call for the punishment of those found guilty of fraud. According to Misbach "Goniwe's comments created the impression that ANC MP's are above the law and require special treatment from investigators who probing the loss of R17 million of taxpayers' money."
Full Article in Sowetan (10 February 2005)


Appearance by 20 linked to travel voucher scam ends weeks of speculation

The appearance of twenty members of parliament implicated in the travel voucher scam has concluded the protracted speculations about who has been charged in connection with the scandal. Jimmy Seepe also reports that Parliament had convened a multiparty task team that is tasked with scrutinising the findings and recommendations contained in the PriceWaterHouseCoopers report into alleged irregularities involving MP's implicated in Travelgate.
Full Article in City Press (February 2005)


Provincial Administration
Corruption Scandal brews in KwaZulu

A provincial government watchdog's probe of alleged corruption in KwaZulu-Natal's public works department has marked the unfolding of an immense scandal involving "vast leakages in public funds, the fraudulent awarding of tenders, gross mismanagement and a culture of impunity." According to a report by Fred Kockott Kwazulu-Natal's treasury internal audit unit has produced two forensic reports and conducted five management audits which have been tabled in the province's standing committee on public accounts (Scopa). One of the forensic reports provides insight into extensive tender fraud throughout the province involving "connected" companies, rented black faces, false quotations, over-payments, kick-backs and payment for work not performed and goods not received.

Full Article in Sunday Independent (13 February 2005)

Shilowa vows to stamp out corruption

Responding to criticism of former finance MEC Jabu Moleketi's role in the Capstone saga Gauteng's premier Mbhazima Shilowa has pledged to eradicate corruption that exists among a "minority" of public servants. Moleketi's role in the Capstone saga, according to the DA, lies in the notion that he "was also responsible for what was in the contract and signed by [former Gauteng Shared Services Centre boss] Mike Roussos and [former Gauteng Blue IQ CEO] Pradeep Maharaj." Capstone, according to a report by Rob Rose, "was awarded a contract worth R52m by the Gauteng's government's Shared Services Centre although Roussos, as head of the centre, was a 50% shareholder in Capstone. Shilowa had stressed that "the prevention of fraud and corruption was "critical to improving the performance of the state" by creating an environment in which the public and public servants were encouraged to blow the whistle."

Full Article in Business Day (28 February 2005)

Mamase tricked me on farms - Stofile

The 20th issue (October 2004) of Umqol'uphandle highlighted a Mail and Guardian story alleging that former Eastern Cape agriculture minister Max Mamase took a bond kickback from citrus farmer Norman Benjamin (who in turn landed a controversial R16m empowerment deal). Now the scandal has deepened following the release of a statement to the Scorpions by former Eastern Cape premier Makhenkesi Stofile accusing Mamase of tricking him into endorsing the deal. In a report by Sam Mkokeli, Stofile asserts that Mamase had led him to believe that Benjamin would give the nine farms, which form the core of the agriculture empowerment deal, to the workers for nothing - "as part of a social responsibility effort." He was therefore shocked to hear in June last year that the Bisho Administration had to pay for the farms. Mamase has since resigned, allegedly for personal reasons, amidst the high-level investigation into the deal.

Full Article in The Herald (14 February 2005)

Local Government
Poor 'not heard in court' over corruption case golf project

Giving evidence at the corruption trial of former Western Cape premier Peter Marais, and his then MEC for Environmental Affairs David Malatsi, co-chairman of the Plettenberg Bay Community Environmental Forum, Elbie Burger told the Bellville Regional Court that "the poor communities of Plettenberg Bay were "not too enchanted" with the proposed Roodefontein golf estate in the area." In a report by the Citizen's Bert van Hees, Burger asserts that "[t]he voice of the poor has not yet been heard in the [Bellville] court - you would be amazed at how the poor communities in Plettenberg Bay feel about developments like this."
Full Article in the Citizen (16 March 2005)


City hit by new tender graft claim

Just a month after Cape Town city mayor Nomaindia Mfeketho had "announced an investigation into the handling of a city plan to sell council-owned property at Big Bay to a hand-picked group of companies" another multimillion-rand contract awarded by the city, is in the spotlight for alleged corruption. Fatima Schroeder reports that four of the council's fifteen security service providers had claimed that "there have been irregularities in the handling of the tender for a contract involving R50 million a year in ratepayers' money" and therefore sought "to have the awarding of tenders reviewed and set aside." The four security service providers have been granted a temporary Cape High Court order "preventing the city from enforcing its decision to end their contracts or to award them to others.
Full Article in Cape Times (10 February 2005)


Officials got illegal bonuses

A Deloitte and Touche forensic audit commissioned by the Jeffreys Bay-based Kouga municipal council has alleged that municipal manager, Jama Vumazonke and five directors "changed council minutes to get paid out more than R400 000 in performance bonuses they did not deserve." According to a report by Sipho Masondo the forensic audit report, among other things, "recommended that the council request the implicated directors to repay the bonuses" and that disciplinary hearing should be instituted against the implicated officials.

Full Article in The Herald (16 February 2005)

Metro accused of stalling on probe, wasting money

Mbulelo Mapona, the Scorpion's regional director responsible for special operations recently confirmed that the Port Elizabeth metro was not co-operating in their investigation of corruption within the metro. This preceded claims by three different operatives of the Scorpions who issued a hard-hitting allegation claiming that the metro was "wasting a lot of ratepayers' money in terms of resources when [they] come to the metro to investigate but do not get anything." Max Matavire reports that the Scorpions "have now threatened to subpoena senior metro staff and seize documents in a desperate bid to complete the corruption investigations which are allegedly being frustrated by the metro." The ANC regional chairperson Vuyo Toto has stated that his party "will take disciplinary actions and severe steps against those comrades who are found to be on the wrong side of the law."

Full Article in The Herald (07 February 2005)

Sites-for-pals probe in Philippi

Following a protest by a group of Philippi squatters against alleged corruption in the allocation of serviced sites in the area, Local Government and Housing MEC Marius Fransman is to conduct a probe. According to a report by Aziz Hartley, the protesters handed in "a memorandum demanding the suspension of all development in the area [as the] sites had been allocated selectively." ANC ward councilor, Mzwandile Matiwane, and the area's subcommittee were accused of nepotism and hijacking the allocation process. According to Owen Khathazine, a protest leader, "When sites become available the councilor and sub-committee members sell them for R500 or R700."
Full Article in the Cape Times (09 February 2005)


Industry
Dishonesty 'a deterrent to African Development'

Addressing the second national anti-corruption summit in Pretoria, Business Unity SA's (BUSA) Cas Coovadia affirmed that "[corruption] was the scourge of development in Africa" as "it cost the continent in lost resources, investment, decision-making and public sentiment." Carol Hills reports that while Coovadia agreed that the National Anti-Corruption Forum was the appropriate platform for a co-ordinated offensive against corruption he added that "an honest and frank assessment of [the Forum's] strengths and weaknesses" was needed.
Full Article in the Business Day (23 March 2005)


Salesman who admitted graft

British-born technology salesmen, Jim Miller, has "admitted to paying what amounted to kickbacks" following complaints by a partner over his large expense claims. This is according to a report by Sam Sole and Stefaans Brümmer, which details how a Malaysian shareholder, Dato Samsudin - apparently concerned about DSE Technologies' (a joint venture between the Malaysian and the Empowerment Trust whose founding trustees are linked to the Inkatha Freedom Party (IFP)) financial miseries - commissioned a forensic audit in March 2000, which found that Miller had "personally paid funds to Vista University official(s) responsible for the tender awarded to DSE, which have been reimbursed to him by the company." It is further alleged R50 000 flowed from the DSE to the IFP at the time of the 1999 elections.
Full article in the Mail and Guardian (25 February 2005)


Social Justice
Welfare: Scorpions probe grants fraud by metro workers

The Scorpions, with a view to a possible prosecution, have reportedly handed a list of approximately 60 Nelson Mandela metro employees, who fraudulently drew social grants for which they were not entitled, to the metro for verification. According to a Herald report by Max Matavire the DSO's law enforcement agents produced the list when they "stumbled on a number of suspects" [as] they were analyzing the abuse of social grants provincially and at local government level." According to Social Development Minister Zola Skweyiya, the department loses R1,5-billion a year to social grant fraud. The Scorpions report comes in the wake of a damning report which indicated that more than 1000 metro officials could be receiving housing subsidies for which they do not qualify.

Full Article in The Herald (03 March 2005)

Welfare: Minister warns on social benefit fraud

In an effort to confront the endemic social benefit fraud in the Social Development Department, Minister Zola Skweyiya has announced "harsh punitive measures against crime syndicates, government officials and members of the public who defraud the social grant payment system." According to a report by Hopewell Radebe, Skweyiya went on to castigate 'financial institutions for not regularly checking their data and not helping government to stop the payment of social grants of deceased people." Churches and civil society were invited to join in the campaign against social benefit fraud. Skweyiya reiterated that there would be "no mercy" for grant fraudsters after the 31 March Amnesty deadline.
Full Article in the Business Day (01 March 2005)


Welfare: Preying on Desperate Refugees

The Department of Home Affairs is set to conduct a corruption probe following a Cape Times exposè concerning 'agents' who allegedly collude with officials at the Cape Town Refugee Reception Office "in accepting payment to speed up the processing of residence permits." According to a report by Miriam Mannak this follows a Cape Times recorded telephone conversation between two refugees and two agents who demanded R300 to R350 in return for an asylum -seekers permit. At least 20 refugees, many of whom have been waiting for months to apply for permits, have made allegations to the Cape Times that there is corruption at the Cape Town refugee office.
Full Article in the Cape Time (28 February 2005)


Crime and Justice
Prison: Prison Corruption 'goes to the top'

The Police and Prisons Civil Rights Union (Popcru), a Cosatu-affiliated union that lobbies for the civil rights of warders, has accused prison management for "conniving with prisoners to harass and victimize prison warders dedicated to their work, and replace them with inmates' favorites who are in most cases corrupt." In a report by Citizens' Steven Motale Popcru general secretary Abbey Witbooi backs up the accusation by citing "a case at Leeukop Prison near Kyalami where a "strict" warder was removed after inmates complained" - adding that this was "not an isolated incident [as] strong members are generally not given support [but] instead . targeted by the management with support of inmates." Under such circumstances it was a great challenge to fight endemic corruption and bribery, Witbooi concluded.
Full Article in the Citizen (17 March 2005)


Civil Society and Sport
Police: Nine Metro Police Held Over Corruption

Following a crackdown against corruption by the Johannesburg metro police nine of its own staff members were suspended and arrested on various charges, including "registering vehicles without roadworthy certificates after taking bribes of between R150 and R300", accepting fraudulent cheques to pay for vehicle registration (upon receipt of a bribe) and moonlighting in breach of employment contracts. Some of the staff members have already appeared before the Johannesburg Magistrate's Courts while others are still due to appear in the Roodepoort and Randburg courts respectively.
Full Article in the Star (17 February 2005)


Police: Dog Unit Head In Bribe Case

Superintendent Krishna Naidoo, commander of the Northeast Rand Dog Unit, is accused of soliciting a R50 000 bribe from a suspected drug dealer whom he had informed that he was under surveillance. According to Superintendent Eugene Opperman, Naidoo promised the suspect that he could terminate the surveillance should he agree to pay a R50 000 bribe. A R7 500 payment had already been received when police arrested Naidoo's brother and accomplice, Keegan Ragavan. A Benoni area commissioner is considering a decision on suspending Naidoo in terms of the Labor Relations Act following his arrest "on charges of alleged corruption and defeating the ends of justice."
Full Article in the Citizen (17 February 2005)


Civil Society and Sport
Refs walk as probe goes up in smoke

The state's much-vaunted Operation Dribble has continued to disintegrate as three match officials charged with corruption and bribery walked scot-free out of the Pretoria Regional Court. Timothy Molobi reports that "Referee Oupa Mokonyane and assistant referees Michael Sikwe and Patrick Phandliwe's cases at the Pretoria Regional Court were thrown out as the state could not prove any charges against them." This means that out of the numerous officials implicated in the "much-publicised investigation into alleged match-fixing and bribery in South African soccer . only three have been prosecuted successfully."
Full Article in City Press (20 February 2005)

 

 RESEARCH AND REFORM


Research: Corrupt officials stealing billions from state -study

"Corrupt government officials have siphoned more than R4 billion from state coffers, a survey by the Institute for Security Studies (ISS) has found. Patrick Hlahla reports that the TI National Integrity Systems Study 2005, authored Hennie van Vuuren of the ISS reveals that amongst other "almost R2bn was lost in 2003 to corruption in the department of welfare, while the Labour Ministry may have lost as R1bn of the money allocated to skills development". Another source of corruption would be the private sector losing as much as R50bn a year to fraud and corruption". Although the report acknowledges the political will to curb corruption, the critical challenge still remains on the implementation of measures to tackle it.
Full article in the Cape Times (22 March 2005)


Reform: 'Cobra' Prepare to strike at fraud in state departments

The Special Investigating Unit has launched a new logo - the black cobra posied to strike - which together with the Scorpions will sting corrupt criminals in South Africa. "The Special Investigating Unit an independent statutory body that reports to President Thabo Mbeki, is government's only crime-fighting institution that uses civil laws to fight corruption and . probe maladministration". According to Hopewell Radebe the Unit is credited with "preventing losses of more than R370m in various corruption bursting investigations and with recovered R13 million from people involved in corrupt practices". This unit will also be involved in efforts to strike against corrupt officials involved in fraud and corruption valued at R1,5 billion annually. New projects in the transport and social development departments will mean that Willie Hofmeyer's team is likely to be kept busy in the next five years with appointment of 183 additional investigators.
Full article see Business Day (23 March 2005)


Notice to all bribe Takers: The tax man is waiting

A new law about to be introduced by the South African Revenue Services (SARS) is likely to see corrupt officials receiving a tax on their income once they are in prison. According to Sanchia Tenikin this forms part of measures proposed by Minister of Finance Trevor Manuel to tax income from illegal activities. Another example of a legal loophole in terms of existing law is that bribe payers can claim a tax deduction (although bribe-payment is against the law). According to SARS's spokesperson Sechaba Nkosi, "many countries have tightened their laws regarding the non-deductibility of certain expenses considered to be contrary to public policy." The Organisation for Economic Co-operation and Development (OECD) has recommended that its wealthy member states criminalise such action. South Africa has observer status at the OECD and has applied to join.
Full article see Business Day (16 March 2005)


Research: Global Corruption Report says bribery 'rife in building industry'

According to the Transparency International 2005 Global Corruption Report (GCR)(released in March) bribery is "ingrained" in the construction industry, swallowing $300bn a year globally. The global building industry loses as much as 10% of its total contract value to bribes according to the Berlin based anti-corruption watchdog. The GCR 2005, with a focus on corruption in construction and post conflict reconstruction, (such as Iraq) highlighted the Lesotho Highlands Water Scheme as a prominent case of bribery involving international construction companies (see past editions of Umqol'uphandle). According to James Lumley "TI said that corruption also took place among professional advisers to the construction industry, with lawyers and other advisers allocating too many employees to projects, charging for too many hours of work and giving clients overoptimistic advice."
See full article in Business Day (17 March 2005)

Download the report from the GCR website

Reform: Fresh impetus from Davos business leaders' in fight against graft.

A recent World Economic Forum - held in Davos (Switzerland) and attended by 62 local and international business leaders in the engineering, construction and mining sectors - has renewed private sector efforts to combat corruption and bribery. South African signatories were Carl Grim of Aveng, Thulani Gcabashe of Eskom, Brian Bruce of Murray & Roberts and Pieter Cox of Sasol. This follows the adoption of a set of business principles, which business leaders pledged to use either as a basis for implementing anti-corruption and anti-bribery practices or "to benchmark and improve their companies' policies." The "initiative intended to help consolidated industry efforts to fight bribery and corruption and to help shape regulatory environments across the worlds". According to Eskom spokesperson Fani Zulu the sheer size of its expenditure on electricity infrastructure (R84billion) over the next five years presents a potential business risk. Zulu is however confident that Eskom will "manage the risk with ease."
See full article in Business Day (13 March 2005)


Research: Only a fifth of SA expects govt graft

The main finding of the Afrobarometer survey indicates that 21% of the South Africans surveyed perceived most or all national government officials to be involved in corruption. This figure has declined dramatically since 1997 when almost half of all respondents believed this to be the case. The survey, carried out on behalf of Idasa, the Ghana Centre for Democratic Development and Michigan State University, conducted 2004 face-to-face interviews with 2 400 South Africans from October to November 2004. Donwald Pressly also reports that 36% of the respondents however still felt "that all or most of the South African Police Service is corrupt." This is in contrast with the MP's who score 24%, the Presidency (18%) and judges and magistrates (14%) who are perceived to be less corrupt.
Full Article in the Mail & Guardian (10 March 2005)

 

 PROFILE

 

Resolutions of the 2nd National Anti-Corruption SummitThe long awaited 2nd National Anti-Corruption Summit, drew over 400 delegates from civil society, business and government to the CSIR conference center in Tshwane from 22-23 March 2005. The Summit, organised by the Office of the Public Service Commission, on behalf of the National Anti-Corruption Forum (NACF) has succeeded in ensuring that a number of key reforms are placed on the national anti-corruption agenda in the next few years. The first summit (1999) succeeded in highlighting a number of issues that have since been translated into official policy by both state and non-state actors.

Although it may not have tackled some of the contencious corruption scandals the summit did make a number of key resolutions which must be translated into action within 3 months. One of the key areas under discussion was that of whistleblowing and the summit resolved to strengthen measures to protect whistleblowers and requires the Law Commission to resolve the shortcomings in the existing Protected Disclosures Act and Report to Parliament by the end of 2005. For the first time there is also commitment that awareness raising of corruption must be included in school curricula in order to build a culture of good ethics in SA.

The summit heard calls for improved co-ordination amongst anti-corruption agencies and sectors as well for the implementation of anti-corruption legislation particularly at local and provincial level. Recognising the need for national government to intervene in departmenst and councils where corruption has become endemic the summit supported the Eastern Cape Joint Anti-Corruption Task Team Interventions.

Delegates avoided the contentious area of regulating party funding, but the resolutions do require South Africa to comply with the United Nations & 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.

Another key resolution also calls for post-employment restrictions to allow for a cooling off period for public officials. While we look forward, SA should also look backward and although the summit did not make recommendations to investigate crimes of corruption under apartheid, it has manadated civil society to produce 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, as the corrupt system was in terminal decline, provided the perfect environment for large-scale corruption. The lack of transparency, sanctions busting and secret defence and oil funds are conduits for grand corruption the world over. This issue, that was never the focus of the TRC, was debated between all sectors for the first time. 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 reinforces the need to ensure that mistakes are not to be repeated. This is the greatest challenge facing South Africa's National Integrity System in the years ahead.

This profile is based on article by Hennie van Vuuren that appeared in the Mail & Guardian (01-08 April 2005)
Download the Summit resolutions visit the ISS Corruption Portal
Download a draft copy of the TI National Integrity Systems study for South Africa from IPOC

 ANNOUNCEMENTS

 

There are no announcements this month.

 

 ABOUT ISS

 

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)
Mzvukile Ngese (ISS Research Intern)

Visit the Southern African Internet Portal on Corruption http://www.ipocafrica.org
please email: umqoled@issct.org.za

 

 ABOUT UMQOL'UPHANDLE

 

"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".