- Programme Director,
- Prof Letlhokwa Mpedi, Vice-Chancellor and Principal of the University of Johannesburg,
- Academia; Civil Society; and All Present.
I would like to thank the University of Johannesburg for providing this platform of dialogue, sharing and exchanging views on the enduring topic of malignant and toxic corruption. Especially at a time in history where our country wallows in lawlessness and is subjected to maladministration and incompetence.
Global systems of governance have long been skewed towards an unjust imbalance that largely serves the interests of those in power, at the expense of the poor.
According to Stats SA, 55% of the population in South Africa lives below the poverty line, with millions more facing uncertain futures and severe hardship.[1] The country’s approximately 65 million people are experiencing deteriorating living conditions, rising crime rates, and declining service delivery. Transparency International’s Corruption Perceptions Index ranks South Africa as the 83rd most corrupt nation in the world, measuring how pervasive public sector corruption actually is on the lived reality of South Africans.[2]
These are reasons enough to care about fraud and corruption in South Africa.
The twin evils of fraud and corruption affect every facet of life, impede the nation’s progress, undoubtedly undermine the rule of law, erode public trust, and stifle economic growth.
It is a given that the rule of law is critical in maintaining justice, stability, and accountability. However, the efficacy and tolerance of the rule of law in South Africa are topics of considerable contradiction and scrutiny.
Enshrined in the Constitution of the Republic and underpinning the country’s democratic and legal systems, the rule of law should be treated as more than just legal theory. Basic living conditions, food security, health, education, personal and collective economic development, human rights, and poverty are all manifestations of our relationship with the rule of law.
Despite a constitutional commitment to the rule of law, our response to it reveals a complex interplay between tolerance, frustration, and collective complicity that blur the lines between institutional integrity and public perception.
As South Africans, we all have the rule of law to guide good citizenry and steer us along a path to a more just, equitable and inclusive society.
With high-profile cases of corruption, including those involving prominent political figures and state institutions, there is a growing perception that legal and political elites are often treated as being above the law, leading to a cynicism and disillusionment amongst ordinary people.
Fraud and corruption significantly undermine the rule of law by eroding trust in public institutions, weakening legal systems, and fostering an environment where laws are not consistently enforced. All this underscores the importance of collective efforts to strengthen legal institutions and promote justice for all.
As public officials, we have specific powers, functions and knowledge because of the positions we hold. Corrupt conduct occurs when an official uses or attempts to use that position for personal advantage. Corrupt conduct can also occur when a member of the public influences or attempts to influence a public official to use her or his position for purpose other than the benefit of the public.[3]
Corruption has often been called a cancer that eats away at the vitals of society, distorting public policies, diverting resources meant for development, and exacerbating inequality.
Corruption has a profound negative impact on economic development.
The World Bank states: that corruption has a disproportionate impact on the poor and most vulnerable, increasing costs and reducing access to services, including health, education and justice. Corruption in the procurement of drugs and medical equipment drives up costs and can lead to sub-standard or harmful products.
The human costs of counterfeit drugs and vaccinations on health outcomes and the life-long impacts on children far exceed the financial costs. Unofficial payments for services can have a particularly pernicious effect on poor people.
The World Bank Group recognises that corruption comes in different forms. It might impact service delivery, such as when an official asks for bribes to perform routine services. Corruption might unfairly determine the winners of government contracts, with awards favouring friends, relatives, or business associates of government officials. Or it might come in the form of state capture, distorting how institutions work and who controls them, a form of corruption that is often the costliest in terms of overall economic impact. Each type of corruption is important and tackling all of them is critical to achieving progress and sustainable change.[4]
Programme Director,
In an era where fraud and corruption continue to undermine the foundations of societies worldwide, perhaps a starting point for change is to envision what a post-corruption world would look like, not just an aspirational goal but a necessary strategy. Mapping out a future free from corruption offers a deliberate and tactical approach to developing a robust rule of law, ethical governance, and effective leadership.
The process of charting out such a world serves as a powerful tool to focus minds on the importance of conscious reflection and how societies can create a resilient framework for long-term stability and prosperity.
Conscious reflection involves a deep and honest examination of the root causes of corruption. It requires acknowledging the historic and systemic issues that allow corruption to thrive. By understanding these historical underlying factors, we can develop more effective strategies to address them.
Although corruption has been a persistent element of South African politics for almost four hundred years and can be traced back to the colonial era, in the post-apartheid era, the ANC understood that addressing issues of corruption that have evolved over centuries, requires comprehensive solutions.
So, on 31 May 1992, the ANC held a three-day Policy Conference in this regard, the first Policy Conference after the unbanning. I attended the Conference held at NASREC, in Johannesburg, where we adopted a policy document, entitled, “Ready to Govern: ANC policy guidelines for a democratic South Africa”.
Within the policy document the ANC proposed:
“(T)hat a full-time independent office of the Ombud should be created, with wide powers to investigate complaints against members of the public service and other holders of public office and to investigate allegations of corruption, abuse of their powers, rudeness and maladministration. The Ombud shall have power to provide adequate remedies. She or he shall be appointed by and answerable to parliament.”
This also happens to be the genesis of The Public Protector.
Such policies are a commitment to the rule of law ensuring that all individuals and institutions are accountable to laws that are publicly promulgated, consistent and evenly enforced, and independently adjudicated. However, a significant gap often exists between the rule of law as it is written, and its application in society. This gap undermines justice.
Addressing this lacuna requires a multifaceted approach that should include education and the development of consciousness.
Consciousness is what helps human beings understand what is right and what is wrong, or in simple terms, the ability to connect what you say or do to the possible consequences. So, when consciousness fails you, you are then more susceptible to venality.
Consciousness has to be sustained, practiced and embraced every day. When consciousness leaves you, it does not bid you farewell. In other words, people are often not even aware that they have lost their ability to connect their pronouncements and actions and the consequences thereof.
Hence the countless ANC members who occupy public office and observe rules in the breach.
What I remember distinctly in 1992 from the Policy Conference, was that we concluded with the understanding that the ANC would need to train its members on how to deal with gifts. That gifts and maladministration are the frontline soldiers of corruption.
For example, when a public servant causes people to wait a long time to receive a public service, that public servant is creating fertile ground for corruption.
One’s consciousness has to be constantly worked on, as a source for ethical conduct.
Ethics has been considered the bedrock of a corruption-free society. A society that values integrity, accountability, and transparency is less likely to tolerate corrupt practices. Promoting ethical conduct starts with awareness, education and socialisation. It involves instilling values of honesty and responsibility from a young age at home and in the classroom and reinforcing these values through continuous professional development.[5]
By force of example, ethical leadership, in particular, sets the tone for an entire organisation or government.
The role of Systems Mapping is a valuable tool in this endeavour, allowing us to visualize the complex web of factors that contribute to corruption and identify leverage points for intervention. By creating a detailed map of the corruption landscape, we can develop targeted strategies that address specific issues and monitor progress over time.
This approach harnesses the power of digital technologies to ensure that our efforts are not only comprehensive but also adaptive to changing circumstances.
Innovative approaches are constantly emerging to tackle the age-old problem of fraud and corruption.
For instance, blockchain technology offers a decentralized and immutable ledger system that can significantly enhance transparency in transactions and record-keeping. By ensuring that every transaction is recorded and cannot be altered, blockchain can reduce opportunities for corruption. Governments and organisations can use blockchain to track public funds, ensuring they are used for their intended purposes.
Artificial Intelligence (AI) and data analytics are powerful tools to analyse vast amounts of data and identify patterns and anomalies that may indicate corrupt activities. For instance, machine learning algorithms can detect unusual spending patterns or flag suspicious transactions.
Local successes in combating corruption can serve as powerful examples for other countries and regions. When a country implements effective anti-corruption measures, it can inspire others to adopt similar strategies. These initiatives can create a ripple effect, encouraging a global movement towards greater transparency and accountability.
Sharing best practices and success stories, such as the work done by the UJ Corruption Summit, help build a collective momentum to tackle corruption on a local scale.
Corrupt practices at the local level can undermine international development efforts, distort global markets, and contribute to transnational crime. Corruption in one country can facilitate illegal activities such as money laundering, human trafficking, and the illicit trade of goods, across borders with massive human suffering and global repercussions.
Corruption is often intertwined with other global crises, creating a complex web of challenges that we now refer to as a polycrisis. For instance, corruption can exacerbate environmental degradation by allowing illegal logging, mining, and pollution to go unchecked. It can also hinder efforts to combat climate change by diverting funds meant for sustainable development projects. Understanding these interconnections is crucial for developing comprehensive strategies to address both corruption and its related crises.
As we stand at the crossroads of history, the journey towards a post-corruption world beckons us with a promise of a brighter, more just future. This journey is not the responsibility of a few, but a collective endeavour that requires the active participation of all sections of society. From government and business to civil society and the general public, each of us has a vital role to play in this transformative process.
Ultimately, the success of our anti-corruption efforts hinge on consequence management and the active participation of each citizen to follow the rule of law, uphold ethical standards, and report corrupt activities.
Four out of 10 whistleblowers have experienced retaliation in the workplace after reporting misconduct, according to Whistleblower House, an organisation established to protect those who speak up. This victimization is just the start of the discrimination the average whistleblower will face, and many find themselves unemployed and facing legal battles.[6]
Safe channels for reporting such corrupt activities ought to be created to protect the identity of whistleblowers who expose wrongdoing, often at great personal risk. Their protection through legislation, which currently does not exist, is essential for uncovering corruption and ensuring accountability.
The measure of our commitment to combat fraud and corruption would be Parliament passing such a law, forthwith.
Thank you.
[1] https://www.statista.com/statistics/1127838/national-poverty-line-in-south-africa/
[2] https://www.transparency.org/en/cpi/2023
[3] https://www.icac.nsw.gov.au/about-corruption/what-is-corrupt-conduct/sections-7-8-and-9-of-the-icac-act
[4] https://www.worldbank.org/en/topic/governance/brief/combating-corruption
[5] https://www.transparency.org/en/news/cpi-2020-research-analysis-why-fighting-corruption-matters-in-times-of-covid-19
[6] https://www.news24.com/news24/southafrica/news/new-organisation-to-offer-legal-financial-support-to-whistleblowers-20220222
