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Corruption Watch: South Africa lags behind in enforcing international anti-corruption commitments

Corruption Watch: South Africa lags behind in enforcing international anti-corruption commitments

23rd October 2014

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South Africa has once again failed to make any progress in enforcing key international commitments that are
aimed at curbing the global export of corruption and making foreign bribery a crime, Corruption Watch
reported today.

In its latest progress report, Exporting Corruption, on enforcement of the OECD’s Anti-Bribery Convention
(adopted in 1997), Transparency International announced today that only four of the 41 countries that are
signatories to the convention are actively investigating and prosecuting companies that cheat taxpayers
through bribery of foreign officials.  The 41 countries signed up to the convention are responsible for about
two-thirds of world exports and almost 90% of total foreign investment outflows.

According to David Lewis, executive director of Corruption Watch, South Africa is one of the eight countries
classified as having limited enforcement, and in fact, to date has never initiated a prosecution or concluded a
case involving foreign bribery.  In 2013, for instance, no cases were commenced or concluded.

In addition, in spite of earlier recommendations from the OECD’s Phase 3 Report, no significant changes
have been made to the legal framework regarding foreign bribery, and no case law has been introduced to
provide further clarity on certain issues relating to intent.  

This only deepens concerns about South Africa’s passive approach to pursuing foreign bribery investigations,
and the silence from government quarters in response to these findings and recommendations.

 

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