Sunday Times

Recent history means South Africa must back this anti-corruption court

- PETER HAIN ✼ Lord Hain is a former anti-apartheid activist and British Labour cabinet minister. This article is based on a lecture given at the University of Cape Town on January 25

After the infamous state capture decade and the failure to bring such looters as the Gupta brothers to justice, surely it is a no-brainer for South Africa to lead the campaign to create an internatio­nal anticorrup­tion court (IACC)?

Corruption and money laundering is a growing global cancer, costing about $2-trillion (about R38-trillion) a year — the equivalent of 10% of global GDP — enough to feed the world’s hungry 80 times over.

Of this, $100bn is stolen from Africa annually, a quarter of the continent’s GDP. Even after inward aid flows, that makes Africa a net creditor to the rest of the world: not so much rich countries supporting the poor, but the poor supporting the rich.

It has been estimated by Global Financial Integrity that developing countries lose more than 10 times more in illicit financial outflows than they receive in foreign aid. Southern African countries would be performing far better for their citizens were it not for brazen corruption by politician­s and their complicit business cronies.

In South Africa, the state capture decade under former president Jacob Zuma and the Guptas erased one-fifth of GDP, triggering huge cutbacks in public services, crippling daily electricit­y cuts and contaminat­ion of the water supply.

That this occurred in Africa’s most modernised nation, with the best infrastruc­ture on the continent, perhaps the best constituti­on in the world and world-class financial regulation, is salutary indeed.

Kleptocrat­s have also ravaged population­s with the help of global corporates and banks, most based in New York and London, such as Bain & Co, McKinsey, KPMG, SAP, HSBC, Standard Chartered and Baroda Bank, the stolen money often flowing through the notorious money-laundering hubs of Dubai and Hong Kong.

Illicit billions have been invested in the real estate market in London — the city infamous for money laundering by oligarchs and others, despite the pious rhetoric of UK Tory ministers. UK overseas territorie­s — from the Caribbean to Gibraltar — are also money-laundering hotspots.

Globally, grand corruption and money laundering are on the rise, and a radically new approach is needed.

But why create a new court when the Internatio­nal Criminal Court (ICC) already exists? Because the ICC focuses on such atrocity crimes as genocide and war, not corruption.

Countries with entrenched kleptocrac­ies (such as Russia or Zimbabwe) may resist joining the new court, but kleptocrat­s frequently conceal their illicit assets in other countries such as the UK. The IACC would be able to freeze and recover stolen assets, even where kleptocrat­s evade arrest by staying in their home countries or depositing their stolen gains in safe havens.

Moreover, if they travel to an IACC member state or a country with an extraditio­n treaty, they face the risk of arrest, trial and imprisonme­nt, helping ensure the efficient recovery and repurposin­g of stolen wealth for the benefit of victim population­s, particular­ly those in the global south.

All our government­s must also do much more. It’s no good British and South African ministers condemning corruption while in practice turning a blind eye to it.

But before the establishm­ent of another multilater­al institutio­n, it is imperative that legitimate concerns about Western bias are addressed. Internatio­nal organisati­ons such as the UN Security Council, the ICC, the World Bank, the Internatio­nal Monetary Fund and the World Trade Organisati­on are often perceived as serving Western interests against those of the global south.

Which is why former judge Richard Goldstone, vice-chair of Integrity Initiative­s Internatio­nal, is heading a globally diverse group of leading internatio­nal jurists, lawyers and anti-corruption experts to begin drafting a model IACC treaty.

Participan­ts come from such countries as Trinidad and Tobago, Nigeria, Brazil, Cameroon, Bangladesh, Mexico, the US, Canada, Germany, Australia and New Zealand.

The state capture decade erased one-fifth of GDP. That this occurred in Africa’s most modernised nation, with world-class financial regulation, is salutary indeed

Eminent figures, including former presidents, prime ministers, Nobel laureates and legal experts such as senior US District Court judge Mark Wolf back the initiative. Integrity Initiative­s Internatio­nal has already mobilised support from government­s in Canada, Ecuador, Moldova, the Netherland­s and Nigeria, as well as the European Parliament.

With a likely change of government in the UK later this year, it is encouragin­g that Labour’s shadow foreign secretary David Lammy has endorsed it.

The IACC will prosecute not only corrupt public officials, but also those who pay the bribes and those who launder the stolen funds — bankers, lawyers, accountant­s, real estate agents and other financial service providers — many of whom are based in the financial centres of the global north.

Over a year ago, President Cyril Ramaphosa made a promise in response to the Zondo commission that “there will be no place for corrupt people, for criminal networks, for perpetrato­rs of state capture to hide”. Yet numerous individual­s responsibl­e for various aspects of state capture continue to sit at senior levels of the ANC, including in his cabinet.

As chief justice Raymond Zondo warned recently: “The levels of corruption in our country have reached completely unacceptab­le proportion­s, and unless something very drastic and effective is done soon, we will have no country worth calling our home.”

Of all the countries in the world, South Africa should be leading the campaign to establish an IACC. Although it could not eliminate corruption, it would substantia­lly strengthen the existing internatio­nal framework designed to prevent it, and help reduce the widespread impunity associated with financial crime.

The IACC is not just a legal necessity but a moral imperative towards a just and transparen­t world, promoting the principles of fairness, equality, and accountabi­lity, and helping to ensure that corruption has no place to hide.

 ?? ?? Chief justice Raymond Zondo warned the levels of corruption in SA have reached unacceptab­le proportion­s and something very drastic and effective needs to be done soon. The cartoon was first used in the Sunday Times on May 1 2022.
Chief justice Raymond Zondo warned the levels of corruption in SA have reached unacceptab­le proportion­s and something very drastic and effective needs to be done soon. The cartoon was first used in the Sunday Times on May 1 2022.
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