Cape Times

Measures to guard against state capture

Helen Suzman Foundation proposes changes to accounting, legal, management and consulting sectors

- SIHLE MAVUSO sihle.mavuso@inl.co.za

THE Helen Suzman Foundation has proposed a range of changes in accounting, legal, management and consulting sectors in order to thwart future state capture, which it says was partially aided by lapses in these four profession­s.

The foundation is one of the country’s more prominent organisati­ons, and has been involved in various litigation against the government, and has been vocal against state capture.

It also made a legal input that forced President Cyril Ramaphosa to allow the prosecutio­n of people who had incriminat­ed themselves at the state capture commission chaired by Deputy Chief Justice Raymond Zondo.

In four papers dealing with state capture released late last week, the foundation’s legal researcher Cherese Thakur said the blemishes left by the conduct of lawyers in the context of state capture would be difficult to remove, and would probably endure in the public consciousn­ess for some time to come.

She advised that the law profession should uphold the Constituti­on at all times, as per their oath of office.

“It is imperative that firms have a whistle-blowing policy in place.

“The Protected Disclosure­s Act places an obligation on employers to create internal procedures for receiving and dealing with disclosure­s, and to take reasonable steps to make these known to their employees.

These procedures gave a means for profession­als within firms to raise concerns about impropriet­y – even if committed by others within the firm – while still enjoying protection under the law, she said.

Taking on the accounting sector, Thakur said it had aided state capture by turning a blind eye to corruption, and by sometimes aiding it.

She said that regulators must not wait for a crime to be committed before acting.

Rather, they must be proactive, she said.

“One explanatio­n for this may be that regulators are constraine­d by the mandate set out in legislatio­n or constituti­ve documents. This may require that a complaint be lodged before an investigat­ion can be initiated,” she said in her paper.

She said profession­als themselves had two very obvious duties when they discovered malfeasanc­e.

The first, of course, was not to participat­e in it themselves. The second was to report it.

Thakur further said the management sector should also be looked at because of the prominent role it played in formulatin­g government policy. The influence of management consultant­s had had a profound effect on South Africa over the past few years. That influence extended to state capture as well.

“Compared with the other profession­s in this brief, management consulting is relatively young. In its fairly short existence, it has yet to subject itself to any kind of general regulation – which some would argue means it cannot rightfully be classed as a ‘profession’ in the first place.

“In any event, the lack of a supervisor­y body enforcing a code of ethics has enabled gross abuses of power. Even while their role is advisory, the influence they exert over the developmen­t of policy is very real,” she said.

“As such, it is deeply concerning that their work is not subject to the same safeguards as other profession­s.”

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