In the run-up to the African National Congress’ (ANC’s) June policy conference, the Congress of South African Trade Unions (Cosatu) plans to lobby aggressively for a change to the current public service framework allowing government officials to sustain their private business interests – a situation that the union federation believes is facilitating and sustaining large-scale corruption.
Speaking at the launch of Corruption Watch, a new independent anti-corruption watchdog, general-secretary Zwelinzima Vavi said Cosatu was of the firm view that individuals should be forced to “choose whether they want to pursue their business interests, or serve the public”.
“They cannot do both at the same time,” he averred.
At its most recent congress, Cosatu agreed to lobby for a separation between public servants and their business interests, as the overlap was blamed for creating fertile ground for conflicts of interest and corruption.
Addressing a packed launch function, held at the historic Women’s Gaol at Constitution Hill, in Johannesburg, and attended by prominent South Africans, including ANC stalwart Ahmed Kathrada, Vavi argued that “most of the problems” being experienced, at all levels of government, were as a direct result of the “intersection” between government officials and their business interests.
Cosatu was also arguing for the creation of new rules that minimised the prospect for conflicts of interest, by disallowing relatives of a government official from participating in deals that could fall under that official’s sphere of influence.
But the analogy was extended beyond government to the trade union movement itself, as well as to the private sector more generally.
“We are pursuing that matter . . . and we will take the battle to the policy conference of the ANC in June and hope that the majority will agree . . . and that also in December, when the ANC holds it 53rd conference, I hope that the majority will agree to that,” Vavi stated.
In her address, Public Protector Adv Thuli Madonsela underlined the unhealthy relationship that had emerged between government officials and those who “make use of personal connections to the powerful to score lucrative government contracts, often benefiting from inflated fees while delivering shoddy service”.
“It is a fact of life that we live in an era where pseudo entrepreneurs collude with public officials and office bearers to deprive our people not only of enormous resources but also of service delivery,” she lamented.
Currently, it remained legitimate for civil servants to sustain private business interests, as long as these were declared.
But Justice Minister Jeff Radebe, who also attended the launch, stressed that in instances where such interests were not declared and conflicts arose, an official would not only be in violation of the rules of the public services but could face criminal charges.
Radebe did not comment on possible changes to the rules for government officials, saying only that it “is important for people holding public offices to be beyond reproach”.
He stressed that he personally had consciously steered clear of business interests, but made no comment on whether the law permitting government employees to continue with their private interests should be changed.
BUSINESS & CORRUPTION
Radebe was more strident in encouraging Corruption Watch to also focus on private sector corruption, which was integral to the current scourge and was also undermining the developmental objectives of government. In fact, he called on citizens to declare corruption the “the new enemy, as apartheid was the common enemy of all freedom-loving people”.
Corruption Watch executive director David Lewis acknowledged the importance of drawing business into the anti-corruption fight, describing the sector as both an important opponent and source of corruption.
The former Competition Tribunal head said he would be seeking to encourage businesses to place a Corruption Watch link on their own websites and to contribute to the financing of its anti-corruption campaigns, the first which was to get citizens to sign a pledge against corruption.
He also indicated that one of the organisation's initial actions might involve a campaign alter the listing rules for companies on the JSE, stipulating that appropriate anti-bribery policies and processes be put in place to prohibit bribes being paid by such entities, or by agents or intermediaries on behalf of such companies.
The newly formed institute had already attracted heavyweight backers and its board comprised some of the most influential South Africans outside of government, including: the Treatment Action Campaign’s Vuyiseka Dubula (chairperson); Lewis; Bobby Godsell; Adila Hassim; Mary Metcalfe; Mavuso Msimang; Archbishop Njongonkulu Ndungane; Kate O’Regan and Vavi.
GROWING OPPOSITION
The launch also came as a number of observers were becoming more vocal in cautioning that many of the democratic gains made since 1994 were being eroded by corrupt practices.
It also came against the backdrop of the National Treasury's intervention into the financially troubled Limpopo province, where more than R2.7-billion of unauthorised expenditure had been uncovered for 2011 alone.
In addition, Auditor General Terence Nombembe reported recently that he had found R20-billion in unauthorised expenditure across government during the 2010/11 fiscal period.
Through the use of Web technology, social media and alliances with other civil society actors, Corruption Watch would seek to expose the corrupt misuse of public money.
Individuals would be offered a platform to share their stories about the nature of the corruption they experienced, from bribery and kickbacks, to influence peddling, patronage and even bid-rigging and price-fixing.
The information, gathered through the secure whistle-blowing portal, would also be analysed in such a way as to enable a mapping of corruption “hot spots” across society.
Lewis said the organisation would seek to expose and confront public and private sector individuals abusing their power and position. “We want to help move the national conversation about corruption from resignation to action,” he asserted.