Visit
the Southern
African Internet Portal on Corruption
(IPOC) www.ipocafrica.org |
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.
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: 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)
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
There are no
announcements this month.
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
"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".
|