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Image: OUTA
This article first appeared on the Daily Maverick on 25 September 2024
South Africa must substantially intensify its fight against corruption
The scourge of corruption is an existential threat to South Africa’s democracy and development. It hinders growth and prosperity, and while many hoped the removal of Jacob Zuma would stem the tide, corruption has instead evolved into a full-scale national crisis.
Criminal syndicates now operate with alarming impunity across most sectors of society. The question is: why is this not treated as a national emergency by our political leaders?
What South Africa needs is not superficial reform, but a radical and proactive strategy to tackle corruption head-on. This strategy must involve the judiciary, law enforcement and a comprehensive government-wide approach with civil society playing a pivotal role.
While the National Anti-Corruption Strategy has been in the works for years, it remains a well-crafted document lacking effective implementation. It is a broad document with complexity and lacking ownership at the highest levels, which are major stumbling blocks.
We don’t need incremental change; we need a focused, targeted approach to root out major corruption that does the most damage to our society and drains limited tax revenues — a focused “Radical Anti-Corruption Strategy” in a few key areas:
• Enhance SARS to combat criminal syndicates
I’m not a fan of an unstructured throwing of people (more boots on the ground) at the problem, which is a general approach in government when it comes to problem-solving.
In the case of the South African Revenue Service (SARS), there is a desperate need to empower this entity with 500 to 1,000 skilled people within a high-risk and high-value investigations unit. These individuals can target organised criminal syndicates that exploit weak governance structures to launder money, evade taxes and facilitate illicit trade.
SARS, in collaboration with the Financial Intelligence Centre and the South African Reserve Bank, is uniquely positioned to dismantle these networks. By tracking suspicious financial flows and cracking down on tax fraud and money laundering, SARS can strike at the heart of South Africa’s corruption crisis.
• Introduce specialised corruption courts
To combat corruption efficiently, South Africa needs specialised courts dedicated to corruption cases. The introduction of specialised courts is not a foreign concept to South Africa.
The judicial system is overwhelmed, leading to long delays in high-profile corruption trials. A dedicated corruption court would expedite cases, ensuring faster sentencing and sending a strong message that corruption will not be tolerated. These courts should have expert judges, skilled prosecutors and staff familiar with the complexities of commercial crime and fraud.
By isolating corruption cases from the broader court system, the government can improve the prosecution process and deliver justice more swiftly, ensuring that those guilty of corruption face consequences without prolonged delays.
• Strengthen the National Prosecuting Authority
Specialised courts will be ineffective without a robust prosecutorial arm. The National Prosecuting Authority (NPA) has long been underfunded and under-resourced, leaving it challenged when it comes to effectively pursuing complex corruption cases. The recent appointments of experienced legal minds, like advocates Paul Pretorius and Matthew Chaskalson, are a step in the right direction, but the NPA needs far more resources.
The NPA requires more prosecutors, investigators and analysts, as well as specialised training in handling complex financial fraud schemes involving international actors and shell companies. It must also be fiercely independent, insulated from political interference. A truly autonomous NPA is critical to restoring public trust and ensuring that corruption cases are pursued without bias or delay.
• A multi-agency approach
No single institution can tackle corruption alone. While some progress has been made with multi-agency cooperation among the NPA, SARS, the SA Police Service and the Special Investigating Unit, these efforts remain disjointed. A coordinated structure is necessary to improve information sharing and form joint task forces on high-profile matters like the construction mafia, government procurement fraud and illicit trade, to name a few areas.
This multi-agency collaboration should reduce the creation of silos and ensure that corrupt actors, whether in government or the private sector, have no place to hide. A well-resourced and united front among these institutions will send a clear message: corruption will no longer be tolerated.
• More resources for Public Protector & Auditor-General
Beyond these key areas, more resources should be allocated to the Office of the Public Protector, which plays a crucial role in holding public officials accountable. While the Office of the Auditor-General is doing great work in exposing the maladministration of government departments, it needs to do more and be allowed to focus on specific areas that will lead to the criminal justice system uncovering corruption within state procurement.
Civil society has also highlighted the need to reform the bloated and often ineffective boards of government institutions, where corruption and cronyism flourish.
The need for political will and accountability
The fight against corruption demands more than bureaucratic changes — it requires strong political will, starting at the top of government. President Cyril Ramaphosa’s sixth administration showed occasional promise, but it was hampered under a one-party dominant environment, wherein many of the political elite were compromised, making such advances in the fight against corruption more challenging.
Having now entered a new dynamic of multiparty governance in the seventh administration, Ramaphosa has an opportunity to do more in the fight against corruption, the very issue that he has stated is a national crisis for South Africa. Now is the time for him to follow through on his promises, no matter how politically unpopular this might be for some inside his party.
The manpower and systems needed to launch a radical anti-corruption initiative may reach a cost of between R6-billion and R10-billion annually, but the return to the national coffers would far exceed this — possibly 10 to 30 times more. However, above the financial gains would be the improvement in accountability, the reduction of a culture of impunity and the drive for a more transparent society. These efforts would have profound positive effects on the economy and the trust of citizens in their government.
For too long, South Africa’s political leadership has paid lip service to the scourge of corruption.
Now is the time to take real action against those who are destroying this country.
Building these structures, finding the necessary skills and implementing robust systems won’t be easy, but it is essential. We mustn’t be afraid to do this or become paralysed by analysis. This is a fight we must bring against those who are fighting to destroy our democracy. This has become a case of going to war against corrupt elements and we shouldn’t be distracted by the pushback that will no doubt arise.
We also don’t need to reinvent the wheel as there are international examples of how countries have successfully tackled corruption, which we must learn from. However, none of this will work without political will. Radical transparency, relentless accountability and a connected legal framework are the only ways to ensure that corrupt actors can no longer thrive.
Anything less and South Africa risks losing the battle for its democratic soul.
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