The Citizen (Gauteng)

Leave corrupt no space

ZONDO INQUIRY: CONSEQUENC­ES ESSENTIAL TO SHOW SA’S TURNING A CORNER

- Patrick Cairns

State capture commission has exposed the rot, but consequenc­es vital to show SA is turning corner.

President seeks investment but authoritie­s have too many opportunit­ies to change policies.

President Cyril Ramaphosa has dedicated a lot of time to encouragin­g investment into South Africa to stimulate the economy.

At the Mining Indaba 2019 he insisted that SA’s mining industry is now more stable and ready to deliver attractive returns.

However, this message alone isn’t enough to unlock massive investment. As Baker McKenzie’s Morne van der Merwe says, there’s still much investor scepticism towards SA’s mining sector.

Years of policy uncertaint­y under the previous minister and the unfriendly business environmen­t he created left many companies wary.

Consequenc­es

While what has come out of the Commission of Inquiry into State Capture chaired by Raymond Zondo has been damaging to SA’s reputation, the process itself carries a clear positive.

The challenge will be what happens with the findings, Van der Merwe argues.

“That is where we will have an opportunit­y to show that we are sincere about changing course because if ... there are no consequenc­es, they will happen again.”

Having a new national director of public prosecutio­ns creates some optimism that the system can be cleaned up.

Ramaphosa also committed to action, saying at the Mining Indaba that the prosecutin­g authority will act where evidence of corruption has been found.

Narrow the opportunit­ies

The details coming out of the commission should also cause government and the private sector to reflect on what must be done to prevent these kinds of issues happening again.

In mining, this should lead to a discussion about the extent to which the minister and the department of mineral resources can exercise discretion in a number of areas.

“Other countries have legislated a lot of policies, but in South Africa many are promulgate­d by the minster,” says Boston Consulting Group’s Hans Kuipers.

“If you legislate it, it is much harder to change. The other element is reducing ministeria­l discretion … the ability of a minster to deviate from certain rules or make exceptiona­l decisions.”

The developmen­t of the latest Mining Charter brought this issue to the fore. It sets out industry transforma­tional imperative­s, but has been changed three times in 15 years and a minister can decide on a revised charter at any time. It also leaves much up to the interpreta­tion of officials tasked with checking its implementa­tion. Says Van der Merwe: “In various parts of this economy there are many stakeholde­rs who are passionate about transformi­ng the economy...

“But if you could find a way to eliminate subjectivi­ty in achieving that transforma­tion, that would go a long way towards people feeling that there is less space for corruption.”

Reducing that space is something investors need to see happening.

“When an internatio­nal investor looks at opportunit­ies in South Africa the first thing they ask themselves is whether there is space for corruption….

“We have to ask if there are things we can do to narrow that opportunit­y, whether through technology, different systems, or maybe statutory certainty as opposed to this kind of discretion­ary power.”

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