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SA: Jeff Radebe: Address by Minister in The Presidency, at the International Anti-Corruption Day (09/12/2014)

Jeff Radebe
Jeff Radebe

11th December 2014

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On behalf of the South African government I wish to express our deepest appreciation to the joint organisers, the United Nation’s Office on Drugs and Crime, the University of South Africa and the Public Service Commission, for the invitation to attend today’s event to commemorate International Anti-Corruption Day, and for the opportunity to address you.

We mark this important day some four days after the international community observed the first anniversary of the passing of our global icon, the late President Nelson Rolihlahla Mandela. In marking this important day it is incumbent upon all of us not only to reflect on the treasured legacy Madiba bestowed upon us but to reassert our resolve to relentlessly pursue the noble goals he lived and died for.

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Central to the attainment of these objectives is the creation of a better life for all the citizens of the world, a life sans poverty, inequality, joblessness, insecurity and strife. In this regard it is worth recalling Madiba’s constant counsel to us about the debilitating effect of corruption and its ability to negate all efforts to attain the aforesaid aims.

For the foregoing reason I wish to reaffirm that the South African government supports the efforts of the United Nations and its partner organisations to curb corruption in particular with regard to giving effect to the United Nations Convention against Corruption (UNCAC) adopted by the General Assembly in 2003 and to which South Africa is a signatory. Our participation in this the International Anti-Corruption Day symbolises our unequivocal support for and commitment to the global fight against corruption through the implementation of UNCAC under the aegis of the United Nation’s Office on Drugs and Crime.

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Distinguished guests,

South Africa United Nations Convention against Corruption enjoins all States to “develop and implement or maintain effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability” as well to “adopt such legislative and other measures as may be necessary to establish as criminal offences” in order to combat corruption.

Since the advent of our democracy, our country has placed the fight against the insidious phenomenon of corruption high on the agenda.  In this regard a plethora of measures have been adopted to eradicate corruption. These measures, among others, encompass:

  •     the adoption of a Code of Conduct for the Public Service;
  •     the promulgation of legislation to combat and prevent corrupt activities, to protect whistle-blowers and to mandate the President to establish structures to investigate and adjudicate cases of serious malpractice or maladministration in state institutions;
  •     the drafting of the government’s anti-corruption framework in 2001 that was in harmony with international best practice and which enabled the institution of a sound anti-corruption and ethics framework, inclusive of strong policy and legislative instruments;
  •     the convening of national dialogues and building partnerships between government, organised business and civil society to fight corruption.   The partnership culminated in the creation of a national body compromising the aforementioned stakeholders and whose primary purpose was to respond to the malaise of corruption;
  •     the establishment of specialised anti-corruption units such as SAPS Organised Crime Unit, the Directorate of Priority Crime, the Asset Forfeiture Unit in the NPA, the Financial Intelligence Centre as well as Specialised Commercial Crime Courts; and
  •     the creation of the national and sectoral anti-corruption hotlines.

The struggle to significantly reduce levels of corruption received further impetus in 2009, soon after the installation of the Fourth Administration under the leadership Presidency Jacob Gedleyihlekisa Zuma.  Alongside the key priority of reducing high levels of serious crime, government identified corruption as challenge requiring special focus.  As the Twenty Year Review (an assessment of government’s performance in the 20 years of freedom) noted, government set itself the goal of prosecuting and securing the conviction of individuals for corruption and corruption related activities involving large sums of money.

In this context the Twenty Year Review points out that between 2009 and 2013, criminal investigations were carried out into allegations of corruption against 298 people. During the same period successful convictions of 48 individuals for corrupt activities involving R5 million or more were obtained.  In addition a list of the names of 42 people who were convicted for corruption was released as an effort to name and shame them. The Twenty Year Review goes on to report that  freezing orders totalling R1.3 billion were obtained over the same period, while assets to the value of R157 million were forfeited to the State.

Despite the good progress recorded, we still encounter many challenges. In this regard, the Fifth Administration’s medium term plan, the Medium Term Strategic Framework (MTSF) 2014-2019, acknowledges that the country continues to face intolerably high levels of corruption both within the public and private sectors, and that corruption undermines the rule of law and impedes government’s authority and efforts to achieve its socio-economic development and service delivery objectives. Furthermore it notes that local and foreign investors are not willing to invest in the country on account of perceptions of high levels of corruption. The National Security Strategy adopted by government in 2013 goes further and declares corruption as one of the key threats to South Africa’s national security.

The MTSF reiterates the vision of the National Development Plan and enjoins us to strive for an environment in which:

  •     anti-corruption agencies have adequate resources and are staffed by highly skilled and experienced officials, are independent from political influence, have powers to investigate alleged cases of corruption and prosecute those suspected to be involved in corruption;
  •     levels of corruption have been radically reduced;
  •     South Africa has zero tolerance for corruption and citizens do not offer bribes and have the confidence and acknowledge that public and private officials will be held accountable; and
  •     leaders have integrity and high ethical standards.

Ladies and gentlemen,

This year the International Anti-Corruption Day is observed under the theme - “Break the Corruption Chain”.  In our view it is a theme that is in tune with the goals we have set in the MTSF to break the back of the corruption menace.  To achieve this goal and informed by the stipulations of the National Development Plan and the MTSF we have committed ourselves to:

  •     build a resilient anti-corruption system, which includes strengthening the multi-agency anti-corruption system, strengthening the protection of whistle-blowers, ensuring greater central oversight over the awarding of large tenders or tenders of long duration as well as empowering the tender compliance monitoring office to investigate corruption and guaranteeing that there is the value for money regarding procured goods and services;
  •     strengthen accountability and responsibility of public servants;
  •     create a transparent and responsive public service; and
  •     strengthen judicial governance and the rule of law.

To achieve the aforementioned goals, work has begun to among other things, to rejuvenate the partnerships with civil society through ensuring that the National Anti-Corruption Forum (NACF) is strengthened and well-resourced so as to ensure that it functions optimally, to enhance the capacity of corruption fighting agencies, centralise oversight of tenders of long duration or above a certain amount, to establish clear rules restricting business interests of public servants inclusive of restraint-of-trade agreements for senior civil servants and politicians at all levels of government, to  render public officials individually liable for all losses incurred as a result of their corrupt actions and to expand the scope of whistle-blower protection.

In pursuance of establishing a resilient system as directed by the NDP and MTSF and to coordinate all anti-corruption responsibilities and structures, President Jacob Zuma established the Anti-Corruption Inter-Ministerial Committee (ACIMC) in June 2014.  The ACIMC is mandated to coordinate and oversee the work of state organs aimed at combatting corruption in the public and private sectors.

The ACIMC which I have the privilege to convene and chair is composed of the Ministers of Justice and Correctional Services, State Security, Police, Cooperative Governance and Traditional Affairs, Public Service and Administration, Finance, Home Affairs and Social Development. The ACIMC is supported by existing government mechanisms and structures to ensure execution and implementation of government’s anti-corruption agenda.

As the ACIMC, we are acutely aware that the fight against corruption entails the development of an accountable and capable State, strong ethical leadership and an active corporate and civil society. This can only be achieved through a whole of government and societal approach towards a resilient anti-corruption system, creating a moral society as well as asserting the authority of state, improving coordination, cultivating ethical conduct, promoting citizen participation, and ensuring public education. Over and above the foregoing, operational efforts should be geared towards the prevention, detection, and investigation of corruption, monitoring and evaluation of all our anti-corruption efforts, communication and reporting on success recorded and challenges still being encountered, and consequence management.

These operational efforts include the strengthening of the regulatory environment, undertaking a comprehensive risk based and multi-agency approach, intelligence-led investigations and prosecution, effective tender compliance and oversight, integrity management, protection of whistle-blowers and effective partnerships towards delivering corrective measures in affected institutions, disciplinary action, convictions, the recovery of losses and proceeds and the subsequent restraint of trade and interests.

Distinguished guests,

As you may be aware, in July 2010 Cabinet tasked the Justice Crime Prevention and Security (JCPS) Cluster to establish the Anti-Corruption Task Team (ACTT) which comprises about thirteen government departments and institutions in order to fast-track investigations and prosecution of corruption cases. Soon after its appointment, the ACIMC assumed an oversight role over the ACTT, expanded and concretised its role as the central body mandated to give effect to government’s anti-corruption agenda informed by the National Development Plan (NDP), Medium Term Strategic Framework (MSTF) and the country’s international obligations.

As a next step towards developing the resilient anti-corruption system we have diversified the strategic and operational scope from a primary focus on investigations towards improving inter-sectoral cooperation; improving government communication and public awareness; intelligence coordination, integrated policy & strategy development; public sector capacity development; and more focussed interventions in sectors vulnerable to corruption. The ACTT and other related government structures are in the process of developing a number of fully integrated and inter-related programmes aimed at ensuring a structured, consolidated and coordinated governmental and societal approach to fight corruption and foreign bribery.

The initial new government anti-corruption programmes that the ACIMC has approved for implementation by the ACTT and which will inform the development of a coherent and holistic Anti-Corruption Policy Framework are as follows:

  •     Communication and Awareness which includes matters such as developing key messages and identifying relevant messengers as ensuring the involvement of key stakeholders, adequate communication of all measures instituted to combat corruption;
  •     Intelligence Coordination, Policy & Strategy Development to achieve coordination between relevant departments and institutions, to develop a framework for system-based detection of risks and threats, to consolidate South Africa’s approach to its international obligations and engagement and putting in place a framework for a system-based detection of risks and threats;
  •     Public Sector Policy and Capacity Development focusing on issues such as a public service integrity management framework and minimum anti-corruption capacity development and monitoring and evaluation;
  •     Vulnerable Sector Management which inter alia involves the conduct of investigations and  institution of civil proceedings to recover assets lost through corruption; and
  •     Crime Operations and Resolutions

Ladies and gentlemen,

Parallel to systems building, capacity development and improvement of integrity, our focus is also to ensure the enforcement of existing South African anti-corruption policies and legislation. In this regard additional to targets set for the conviction of individuals prosecuted for engagement in corruption involving large sums of money, it is also intended to intensify efforts targeted at proceeds suspected to have been derived from corruption through, freezing orders, asset forfeitures and financial recoveries. We are determined, working together with our partners, to convey a clear message that corruption does not pay!

One of the major challenges we must overcome as we grapple with the ogre of corruption are the perceptions held domestically and internationally about the extent of corruption in our country.  According to Corruption Perceptions Index 2013 published by Transparency International (which measures the perceived levels of public sector corruption worldwide), South Africa was ranked 72 out of 177 countries. In 2014, South Africa’s ranking has improved by 5 positions, placing it at 67. This no doubt attests to the good progress that we have made as well as the political will demonstrated in the fight against corruption.   These results are a fitting testimony that we are on course to meet the MTSF target of improving our ranking to be below 50.

In concluding this address we note that internationally numerous global, continental and regional treaties and strategies have been developed to ensure multi-lateral action against corruption and related activities, such as money-laundering and terror-financing. These instruments of cooperation propose initiatives and the measures countries should implement to combat corruption collectively, and in their respective countries. In its efforts to create an enabling domestic policy framework for strengthening preventive and punitive measures, South Africa has ratified and acceded to prominent international convention anti-corruption and is an active participant in relevant inter-governmental bodies and forums.

South Africa’s participation and coordination with regard to these bodies and forums has in the past been handled by different lead departments resulting in inconsistent messages and different national positions being communicated at these forums, due to a lack of coordination. This contributed to the development of negative perceptions about the country’s willingness and efforts to combat corruption.

The various country reports and assessments (pertaining to corruption related obligations South Africa committed to) are regularly scrutinised by international bodies and information contained therein, issues raised and recommendations made, and these reports are often used as a point of engagement by foreign entities and media houses. To contribute to the improvement of perceptions we are committed to improve our domestic implementation of international treaties and agreements related to combatting corruption and foreign bribery. We are improving national coordination to ensure a “Whole of Government” response in our engagements with international forums and bodies. Significant progress has been made in 2014 by ensuring that as a country we provide timeous and accurate information on the anti-corruption work undertaken.

In fulfilment of its obligations, South Africa participated in the UNCAC Implementation Review (IR) in 2013 at which a small number of easily implementable recommendations were made so as to strengthen the country’s anti-corruption regime.  A small UNCAC task team has been convened by the Department of Public Service and Administration to manage and implement South Africa’s response to the UNCAC IR recommendations.

In March 2014 the Working Group on Bribery of Foreign Public Officials of the Organisation for Economic Co-operation and Development (OECD), issued its Phase 3 Country Assessment report on South Africa’s implementation of the Convention. This report severely criticised the country and pointed out the lack of pro-active steps in the detection and investigation of foreign bribery matters, highlighting the fact that despite South Africa’s key economic role in Africa only four (4) cases of foreign bribery had been registered on the international matrix.

The country was required to appear before the relevant OECD plenary body in October 2014 in order to demonstrate that it had in fact addressed the relevant shortcomings. South Africa presented its follow-up report in October 2014 and the OECD not only accepted it, but also commended South Africa, for making so much progress in such as short span of time. As a result South Africa was exempt from submitting a written report in March 2015. The favourable comments by the OECD must be seen in the context of highly critical assessments of other OECD members with stronger economies than South Africa.

Ladies and gentlemen,

I conclude this address by paraphrasing the words of our late icon, Nelson Mandela, and assert that failure to effectively deal with the scourge of corruption will impact negatively on our ability to bring about thoroughgoing transformation of the social and economic circumstances of our people by tackling the three challenges of unemployment, poverty and the unequal distribution of the country’s wealth.  To fail in this objective is in fact to challenge the very humanity of our people.

We assure this gathering, our partners and our people that we shall concentrate all our might and endeavours to attain a vision in which our country is rid of corruption, in which levels of corruption have been radically reduced and in which there is zero-tolerance for corruption and citizens do not offer bribes and have the confidence and acknowledge that public and private officials will be held accountable.

Many thanks.

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