A powerful new squad that would put the corrupt to flight
It is a well-established feature of the human condition that too many of our species will act corruptly if they think that they can get away with it. In South Africa the high levels of private and public sector corruption, the fears of state capture by the venal, and the execution of a silent coup by the greedy have occupied the headlines during the last of the Zuma years. Addressing the human rights violations involved in the diversion of public funds away from proper service delivery to the pockets of the corrupt has become a major preoccupation.
It is undeniable that one of the major causes of rampant corruption is the dysfunctional state of our criminal justice administration. Police management is shot through with personnel on the take; the last three national commissioners all ended their careers in disgrace: Selebi in prison for corruption, Cele removed from office for serious maladministration, and Phiyega impaled on her own perjuryriddled attempted Marikana cover-up.
The Hawks were born in infamy: a scrawny substitute for the much more muscular Scorpions, who were closed down for their efficiency in dealing with the politically wellconnected in high places. The Hawks’ independence has always been questionable and their work rate has always been a fraction of that achieved by the Scorpions. It is necessary to address the puny efforts of the Hawks in a legal and constitutionally compliant fashion if the combating of corruption is to be improved.
Instead of so doing, the Zuma administration has illegally created a monstrosity called the AntiCorruption Task Team to attend to cases of corruption involving more than R5-million. This step has usurped the legislated mandate of the Hawks and has been less than successful due to a lack of co-ordination and resources.
The task team has not run a criminal trial, other than those pleabargained away, since its formation in 2010. Creating the task team illegally ignores the binding findings of the Constitutional Court that there should be a single dedicated entity that specialises independently in dealing with corruption.
Corruption increases exponentially as the incompetence of the Hawks plumbs the depths of the slough of despond. Imagine persecuting Pravin Gordhan.
The Hawks have never targeted any big fish (other than
Gordhan), nor have they successfully prosecuted those involved in procurement irregularities, arms deals, nuclear shenanigans or the selling of public service positions. It has been left to civil society to take on the task of ensuring consistency with the constitution in the way state-owned enterprises are run, the criminal justice system is led, and the Hawks operate.
The striking off of rogue prosecutors, the dismissal of unfit personnel and the review of administrative action that falls short of constitutional muster have been necessitated due to the perfidy that characterises the Zuma years.
The task team and the special “state-capture investigation team” that the new brooms in Luthuli House are reportedly considering are attempts to treat symptoms of corruption without addressing the cause. The culture of impunity for corrupt activities will continue until those considering corruption as a career option are persuaded that they will be caught, investigated, prosecuted and punished appropriately after a fair trial.
It is not helpful to hanker after the Scorpions; they were vulnerable to closure at the whim of a simple majority in parliament and were dissolved to protect Zuma and others. If they were to rise from their ashes, the same fate could await them in the future. It is also not possible — due to the high levels of dysfunction in the criminal justice administration and the capture of the NPA by Team Zuma — to revert to the troika system in which specialised prosecutors, police investigators and forensic experts collaborated.
What is needed is a new chapter nine institution, clothed with the protections and status that the constitution affords all such institutions established to guard democracy, to prevent, combat, investigate and prosecute serious corruption. This will be a one-stop shop of dedicated specialists who are properly resourced in terms of personnel, infrastructure and operational budget, reporting only to parliament and led by a qualified team of people of integrity who are appointed after an objective selection process and are protected against unwarranted suspension or dismissal.
The necessary constitutional amendment and the enabling legislation have already been drafted by Accountability Now. These drafts are under consideration by the parliamentary constitutional review committee.
If Thuli Madonsela, Glynnis Breytenbach and Scorpions start-up specialist Ruben Richards can be persuaded to be involved, the corrupt will flee in droves. A better life for all will be achieved, with peace that is secure, progress that is sustainable and prosperity that is shared.