Corruption in South Africa

[Dave A]

Just how high and wide does the corruption go?

The corruption trial of former national police chief Jackie Selebi was postponed on Monday in the High Court in Johannesburg to Tuesday morning.

This came after Selebi dropped a bombshell in court.

His plea statement alleges that former National Prosecuting Authority head Bulelani Ngcuka and Vusi Pikoli are guilty of corruption

Selebi also claims that he was victimised because he knew about this.

He states that Ngcuka attempted to extort a bribe from former Hyundai boss Billy Rautenbach and Pikoli's wife received money from slain mining magnate Brett Kebble's companies.
full story from IOL here

[Marq]

mmmm.......

[Dave A]

At the very least, it's a curious defense strategy.

The most logical reason for airing some of the ANC dirty laundry is to break down the credibility of some of the key state witnesses.

It's going to be interesting...

Any bets on how long it will take for the prosecution to lose their appetite for the case?

[Frankincense]

@JZ: "We must remove adjudication of tenders from those that hold political office. We must separate it,"


That means : Those bearing positions of office can no longer be counted on to administer even tender adjudication.

This reminds me: If one injects another with small doses of a virus, they develop antibodies so as to build up an immune system for when the "real virus" arrives. It's then called a vaccine.

If corruption is developed, administered and enhanced, Africa may just become immune to the Global Precise corruption that is to befall all, rich and poor, free and bond.

A corrupt system rarely has anything installed successfully....




There is no end to a good thing.

[I Robot]

Address by Mr Andries Nel, MP, Deputy Minister of Justice and Constitutional Development, at the Anti-Corruption Business Forum, Sandton Convention Centre

30 October 2009

Programme director
Chief Executive Officer of Business Unity South Africa, Mr Jerry Vilakazi
Deputy Chief Executive Officer of Business Unity South Africa, Professor Raymond Parsons
Acting National Director of Public Prosecutions, Advocate Mokotedi Mpshe
Secretary General of the Congress of South African Trade Unions, Mr Zwelinzima Vavi
All business leaders present here
Government and civil society representatives
Distinguished ladies and gentlemen

Let me from the outset express my gratitude for the privilege of not only being part of, but also speaking at this gathering of patriots who have answered the call to wage war on corruption, where ever it might be found and who ever might be involved in its perpetration.

I also wish to convey the greetings and support of the Minister for Public Service and Administration, Mr Richard Baloyi, and the Minister of Justice and Constitutional Development, Mr Jeff Radebe.

In doing so I wish to emphasise that what I will be conveying here today represents the views of a collective that has since the dawn of our democracy recognised the corrosive effects of corruption and expressed its determination to fight both the effects as well as causes of corruption in order to ensure that they do not derail us from achieving the objective of creating a united, non-racial, non-sexist, democratic and prosperous society.

When we went to the polls a few months ago in our fourth democratic elections, the overwhelming majority of South Africans agreed that we need to work together to do more. We also agreed that the priorities that our concerted action must be focussed on are:
* fighting crime and corruption
* education
* rural development and land reform and food security
* creating work
* health.

President Jacob Zuma outlined government’s programme to achieve these priorities in his State of the Nation Address on 2 June this year. It is clear that whilst the fight against corruption is located in the first of these objectives it impacts fundamentally on the attainment of all the priorities that we have set for ourselves as a nation.

If no action is taken against corruption, its adverse effects will be felt in different ways by people throughout society especially the poor who make up the majority of the population. Business gets compromised, democratic institutions and values are undermined, service delivery and sustainable developments are hampered which in turn leads to other problems. Corruption is therefore one of the most serious threats to the deepening of our democracy.

If left unchecked, this corruption will insidiously permeate the social fabric of society, entrenching itself as a normal aspect of our life. The French writer and philosopher, Albert Camus, remarked in a different context, that, “On the day when crime dons the apparel of innocence through a curious transposition peculiar to our times it is innocence that is called upon to justify itself.” We must fight this “curious transposition” with all the means at our disposal.

To build a cohesive society South Africa needs a strong government that acts with and mobilises all sectors of society to ensure that no space is left for corrupt activities. The business sector, along with labour, religion, civil society amongst others, remains a vitally important player in this regard.
We have through initiatives such as the national Anti-Corruption Forum created an opportunity for all sectors to participate in efforts aimed at eradicating corruption.

The formation of the national Anti-Corruption Forum strengthened our multi-pronged national strategy to fight corruption in all sectors. We wish to applaud the dedication and enthusiasm with which the organised business sector has participated in the forum.

We also welcome all efforts by business to ensure that as a country we comply with international anti-corruption conventions such as the United Nations Convention against Corruption, the OECD Convention on Combating Bribery of Foreign Public Officials in international business transactions.

In addition to these international instruments, compliance with national anti-corruption legislation remains critical. Our anti-corruption and ethical infrastructure serves as a basis for compliance with international instruments. The implementation and compliance with international instrument should be in harmony with and compliment national efforts.

As a country we have as early as 1997, put in place sound frameworks to fight corruption. We introduced and promoted key legislation such as the Protected Disclosures Act, Promotion of Access to Information Act, Financial Intelligence Centre Act, Promotion of Administrative Justice Act, the Prevention of Organised Crime Act and the Prevention and Combating of Corrupt Activities Act.

In addition to legislation, we also created various institutions such as the National Prosecuting Authority, the Public Protector, the Special Investigating Unit, the Financial Intelligence Centre and the Auditor-General. All these institutions support and complement the general policing work done by the South African Police Service (SAPS).

Ladies and gentleman, in today’s world, the corrosive effects of corruption are experienced not only where corrupt activities are committed, but they also reverberate throughout the global economy and society. Corruption is a global challenge that affects both the developed and developing world, but it is in the developing world such as our own where its effects are most destructive.

Government remains committed to fight corruption in all its forms and manifestations. This includes corruption not only in the public sector but also in the private sector. Recent corporate scandals including price fixing indicate that legal instruments are not fully complied with. The current global meltdown is as a result of, amongst other things, non compliance with corporate governance measures in the business sector.

Generally the governance arrangements and systems of business are in place. But how do we account for a breakdown in ethics? If these scandals occur in spite of the governance arrangements it implies that we have a breakdown in ethics
As a result, a holistic approach in dealing with corruption is imperative. The role of government is to provide a stable environment that facilitates the growth and development of business in line with national and international standards and ethical norms and practices.

Over and above the introduction of legislation to outlaw corrupt practices, there is a need to adopt sector specific measures to ensure that the intended message is communicated and necessary systems are established for us, as a country, to be victorious in the fight against corruption.

It is, therefore, encouraging to observe that BUSA has taken the initiative to adopt a code of conduct for its members, in line with the undertaking made during the third National Anti-Corruption Summit hosted in August 2008.
At this Summit, we emerged with various resolutions which include calls for strengthened institutional capacity of the private sector to detect and prevent corruption; sectors to implement effective anti-corruption communications and awareness programmes at community level, within the business sector and across civil society; and lastly calls for the implementation of continental and international anti-corruption legal instruments and promote the enforcement thereof in national law.

Any real, long lasting ethical business practices should be accompanied by a value system. Critical to this is the reclaiming of a value system that sees the individual as part of a broader community and the belief in a universal bond of sharing that connects all humanity. Our ultimate aim must be to bring about behavioural change within the business sector thereby creating a corporate culture in which no form of corruption or bribery is tolerated. Cultural change is ultimately in the interests of business.

Ladies and gentleman, greed, economic opportunism and corruption are our biggest challenges. Rather than aspiring merely to be wealthy individuals, we should aspire to be citizens of a prosperous nation.

9 December is International Anti-Corruption Day as designated by the General Assembly of the United Nations. Around the globe, governments, civil society and business will be taking part in activities to demonstrate their commitment to prevent and combat corruption. By observing International Anti-Corruption Day, South Africa joins other nations of the world in re-affirming its commitment fighting corruption.

Let us all speak in one voice and stand united against corruption. The position of business with regard to corruption must be loud and clear we do not offer or accept bribes or facilitation payments.

South Africa belongs to all of us, its fate is in our own hands and we all have a role to play in fighting corruption in all its forms whether in government, business or civil society. Corruption destroys the future of our country and that of our children.

The fight against corruption is ongoing and as new manifestations of corruption are revealed so we have to come up with new tools to respond. Our fight against corruption will always remain work in progress and we always strive towards continual improvement.

In conclusion, ladies and gentleman, the time for complacency is over. Every day of inaction is a missed opportunity to create a more prosperous and transparent South Africa.

We trust that the outcomes of this forum will strengthen the work of the national Anti-Corruption Forum and we wish you well in your deliberations.

I thank you.

More...

[Dave A]

I wonder how Acting National Director of Public Prosecutions, Advocate Mokotedi Mpshe felt listening to this one

If no action is taken against corruption, its adverse effects will be felt in different ways by people throughout society especially the poor who make up the majority of the population. Business gets compromised, democratic institutions and values are undermined, service delivery and sustainable developments are hampered which in turn leads to other problems. Corruption is therefore one of the most serious threats to the deepening of our democracy.

If left unchecked, this corruption will insidiously permeate the social fabric of society, entrenching itself as a normal aspect of our life. The French writer and philosopher, Albert Camus, remarked in a different context, that, “On the day when crime dons the apparel of innocence through a curious transposition peculiar to our times it is innocence that is called upon to justify itself.” We must fight this “curious transposition” with all the means at our disposal.

[BBBEE_CompSpec]

That sign can only be found on the borders entering South Africa.

[BBBEE_CompSpec]

New anti-corruption law passed
Seshoane Masitha

26 February 2004

The National Council of Provinces has passed the Prevention and Combating of Corrupt Activities Bill that was approved by the National Assembly last November.

The Bill, which will replace the Corruption Act of 1992, is informed by the government's strategy to combat corruption at all levels of South African society.

According to Deputy Justice and Constitutional Development Minister Cheryl Gillwald, the Bill seeks to codify the offences of corruption and bribery, and extends in its application "from the offices of corrupt public officials to the equally insidious corrupt activities that can and do occur in corporate boardrooms".

The Bill makes provision for witness protection, and compells people in positions of authority - particularly senior managers in government, parastatals and the private sector - to report corrupt activities.

Failure to blow the whistle on corruption will carry a maximum penalty of 10 years' imprisonment.

The Bill also replaces the common law crime of bribery with a general corruption offence. "This clause prohibits both the receipt and offering of unauthorised gratification by or to a person within an employment relationship, whereas the common law crime of bribery applied only to persons in the public sector", Gillwald said.

The deputy minister said the Bill reflected the political will of the government to change its approach to combating corruption. "If left unchecked, corrupt practices can easily become a bad habit and soon become accepted as the norm", she said.

Gillwald urged the public to cultivate an unequivocal intolerance for corrupt practices and to create a culture of clean corporate and public sector practices.

"Corruption is not limited to any specific sector", she said. "It preys on government and business on a wide front, and finds its home in both the informal and formal sectors."

Source: BuaNews

[gac]

Hi Dave, forget about being concerned about agri corruption in other provinces. I am involved in KZN Agri circles and can tell you that KZN has and is still experiencing massive corruption within the Agri sphere. And I am not talking about tens or hundreds of thousands but rather tens of millions of rands.

It is totally out of control with apparent (my strong opinion) deliberate political interference and instruction, but which is difficult to prove (naturally). So when our President makes statements about combatting corruption I laugh and discard it with contempt.

Our dear president is either probably at the very heart of the political orchestration of these corrupt tenders OR at the very least is well aware of what is happening but choosing to ignore it. If he isnt involved and claims to be unaware then the only logical inference is that his administration is not in control of their provincial appointees and therefore cannot expect the citiziens of theis country to find any comfort in his hollow statements.

Having used the KZN Provincial Treasury Appeals Tribunal process to contest a R55million award during 2011, which was proved beyond any shadow of doubt to have been improperly/irregularly awarded and very possibly corrupt (always difficult to prove), I sadly have to say that that so called "independent" process - the only governmental process available to citiziens in attempting to expose corrupt/improper tenders is equally impaired. From my experience, approaching the KZN Provincial Treasury Tribunal set up by the KZN MEC for Finance Ms Ina Cronje, to contest corrupt tenders is a waste of time and public funds.

The principles of the constitution, on which tender processes and regulations are based, are being violated on a regular basis and yet there appears to be precious little that Joe Public can do about it. Yes we have the option of going to Civil Court to contest unsuccessful Appeals but why should the public have to spend private money to assist Government fight the corruption problem it is calling us all to assist with.

They must set up the structures to make it easier for us to assist. Thats if they really want to fight this evil, which clearly not the case.

[gac]

Corruption goes right to the top office of the land and crosses ALL divisions.

There is however no doubt whatsoever in my mind that corrupt practises are commonplace in the very highest offices in the land and that it takes the form of verbal instructions being communicated down the line, nothing written which is in itself an acknowledgement that the definition of corruption is very well understood.

Im beginning to feel that there may be completely divergent understandings of what Corruption is. All too often the body language and utterings of those charged with corruption suggest complete dumbfoundedness and bewilderement about the reasons for them being brought to book. Or is it just an attempt to elicit sympathy and mercy?