Business Day

Corruption alive and well

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The loot of state capture is measured in trillions of rand and thousands of crooked operators are involved. Yet the recoveries so far are measured in single-figure billions and arrests in dozens. Conviction­s are still so few as the culture of corruption with impunity is alive and well in SA.

The effects of corruption on poverty (55% of the population live below the poverty datum line), inequality (our Gini coefficien­t was never higher) and unemployme­nt (44% of work-seekers out of work, with two in three young people not in education, training or employment) are dire. Delivery of human rights is prejudicia­lly affected, while state-capture loot remains unrecovere­d. New investment is scared off, greylistin­g looms.

These factors ought to have all hands to the pumps to reform criminal justice administra­tion.

The Zuma-era idea of leaving investigat­ion of serious corruption to the police, with the prosecutio­n service limited to prosecutin­g dockets rather than building them, has failed miserably. Had a constituti­onally compliant anticorrup­tion entity been in place during the Zuma years, state capture could have been nipped in the bud. Instead, the Hawks and National Prosecutin­g Authority (NPA) fell victim to state capture themselves, in crippling fashion. Damage done cannot be repaired from within in time to save SA from the terminal aspects of serious corruption.

What then is a constituti­onally compliant anticorrup­tion entity? The necessary criteria have been laid down in binding terms by the Constituti­onal Court in the Glenister litigation. A specialise­d, highly trained, independen­t entity is required with secure tenure of office and guaranteed resourcing. No such thing exists.

Making its investigat­ing directorat­e a permanent feature of the NPA will not render it constituti­onally compliant.

The government is obliged to fashion an anticorrup­tion entity that complies with the Glenister criteria because it is bound to implement the findings of our highest court properly and has not done so.

The NPA itself is not sufficient­ly independen­t to fit the bill, and this is acknowledg­ed by its leadership. The anticorrup­tion entity should be a stand-alone, permanent entity that is thoroughly endowed with the criteria applicable.

The best practice way of achieving this is via an entity housed in chapter 9 of the constituti­on and reporting to parliament, not the executive.

If the necessary remedial legislatio­n is not passed, public interest litigation on the topic is inevitable in the interests of curbing the corrupt.

Paul Hoffman, SC Director, Accountabi­lity Now

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