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The National Planning Commission’s (NPC) multi-agency approach for dealing with corruption, characterised by greater cohesion and coordination, contradicts the recommendations of independence and specialisation made by the Constitutional Court in the Glenister judgment.

This is according to advocate Paul Hoffman, director at the Institute for Accountability, and counsel for Hugh Glenister. He was speaking at the Carnegie III conference on poverty and inequality, held at the University of Cape Town earlier this month and supported by the NPC.

Hoffman says, “The NPC has overlooked the importance of specialisation and independence for the anti-corruption unit in its report. The Hawks are not specialised, they are legally obliged to deal with all “priority crimes” which may or may not include corruption. The fact that resources have to be spread to deal adequately with all of the priorities crimes with which the Hawks are seized means that corruption cases, especially difficult ones that involve those in high places, are not accorded the necessary priority.”

“The lack of independence afforded to the Hawks, the anti-graft unit born under SAPS as an alternative to the Scorpions, jeopardises its ability to conduct politically-sensitive investigations. Since the Hawks took over from the disbanded Scorpions in 2009, the number of new investigations has fallen by 85%.
“Until our anti-graft unit is allowed to conduct investigations without fear, favour or prejudice, funds intended for widespread socioeconomic transformation will continue to elude those for whom they were intended.”

Relying on OECD research into best practice for corruption busting, the Constitutional Court identified five criteria according to which effectiveness is best assured. They are specialisation, adequate training, independence from political influence, interference and manipulation, resources that are guaranteed, and security of tenure of office for those who work for the anti-corruption unit.

“The Hawks do not comply properly with any of the Court’s criteria and the attempts of the executive and legislature to retain them as a SAPS unit in legislation, at present being processed in Parliament, are likely to be found to be unconstitutional if not for any other reason than because of the role of the National Commissioner of Police in SAPS. This is a role which is and remains constitutionally determined and which gives a political appointee the “management and control” of the Hawks.”
“Corruption is unhinging our society and is jeopardising the socio-economic transformation that we have been grasping at since South Africa’s liberation almost two decades ago,” says Hoffman.

The Institute, a non-profit group that works to uphold constitutionalism and accountability in southern Africa, says it is estimated that R675 billion has been lost to corrupt activities since the birth of democracy in South Africa, equivalent to 3.26 times the 2012 budget for education and 5.56 times the budget for healthcare – two areas representative of the service delivery crisis the country is facing. Earlier this year, the Auditor General revealed that R593 million was lost to fruitless and wasteful expenditure in national and provincial departments for 2010/2011 - a 313% increase from the previous period.

In his address at the Carnegie III conference, Hoffman discussed the crippling impact of public sector corruption on South Africa’s development and its role in perpetuating the triple threats to society of poverty, inequality and unemployment.

The conference provided a platform for debate for universities, NGOs, government, trade unions, faith-based organisations and the business sector aimed at stimulating deeper thinking about strategies to overcome the endemic poverty and inequality in South Africa.

Key speakers at the conference included deputy president Kgalema Motlanthe, Trevor Manuel, Dr Mamphela Ramphele, Kate O’Regan and Jonathan Jansen.