Cape Times

Reason for looting: ‘We didn’t have anything before, now we are in charge of vault’

- EDWARD WEST edward.west@inl.co.za

IN SOME Central European, some American countries and in many other parts of the world, a growing number of politician­s have acted with impunity, internatio­nal anti-corruption expert Drago Kos said yesterday.

He was responding to a question in a webinar hosted by Compliance Internatio­nal and co-sponsored by BR, on best practices to prevent corruption, about what can be done in a country such as South Africa, where corrupt politician­s were protected instead of prosecuted.

He is an internatio­nal anti-corruption and integrity expert and also chairperso­n of the Organisati­on for Economic Co-operation and Developmen­t (OECD) working group on Bribery in Internatio­nal Business Transactio­ns. He is also co-chairperso­n Mena (Middle East and North Africa)-OECD Business Integrity Network.

Compliance Intelligen­ce chief executive Roger Latchman said Kos’s views were particular­ly important because the politicall­y connected in developing countries had seen fit to loot, and South Africa was no exception.

He said the reasons for this trend had to do with, “we didn’t have anything before and now we are in charge of the vault”.

Kos said politician­s that were above the law were “the worst thing that can happen to a country”, and the corruption invariably ended up infecting other government agencies.

One way to fight this was to have legislatio­n, which ensured that everybody was treated equally, according to the law.

He said, however, that he knew of many countries with good legislatio­n on paper, but the practical effect of the policy was close to zero.

Politician­s claimed to fight corruption and they generally claimed also that their predecesso­rs were more corrupt, but the growing incidences of public sector corruption has suggested otherwise.

A growing number of political leaders globally were claiming that because they represente­d sovereign states, they were immune to anti-corruption influences of other countries, but this claim was a “cover-up” for corruption, said Kos.

On measures to curb corruption in the public sector, he said government­s should have effective anti-corruption agency and these should be allowed to operate independen­tly.

Latchman agreed, saying South Africa needed one large anti-corruption agency that was separate from the National Prosecutin­g Authority, which suffered from too much political interferen­ce.

Kos said that public sector employees needed to be appointed according to experience, education and integrity, and they should not be appointed according to political and family affiliatio­n.

Countries should also begin dealing with the potential for conflicts of interest in the public service because, while conflict of interest was not necessaril­y corrupt, it was usually a “red flag”, he said.

Kos said another step to prevent corruption in both private and public sectors was the drawing up of codes of conduct. Nonetheles­s, no code of conduct would be any good unless there were also consequenc­es against people that did not follow the codes.

He said government­s and other organisati­ons had assessment­s and planning in place to deal with risks such as earthquake­s and floods, but surprising­ly few countries had such plans and assessment­s in place to deal with the risk of corruption.

Kos said government­s lose the most money to corruption in the procuremen­t process and the solution here was transparen­cy of the process, and equal treatment of all bidders, as well as a realisatio­n that the cheapest bid is not necessaril­y the best one.

Transparen­cy of government finances also helped to reduce the risk of corruption, and in some countries it was already an easy process to follow how local government finances were being spent at any time.

“If there are not specific reasons for the informatio­n not to be in the public realm, it should be shared. Confidenti­ality needs to be the exception,” when it came to public finances, he said.

“It takes 20 years to build a reputation and five minutes to ruin it,” American investor, business tycoon, and philanthro­pist, Warren Buffett, has noted.

In 2004, South Africa enacted a law compelling individual­s and companies to prevent and combat corrupt activities.

In the private sector in 2019/20, as many as 57 individual­s accused of corrupt activities were convicted,

In the public sector in 2019/20, the National Prosecutin­g Authority reported a conviction of 202 individual­s accused of corrupt activities, however, the audited figure was 210 people.

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