Corruption in SA: The politics, the law and all the shenanigans in between South Africans are sick and tired of corruption. They are angry, frustrated and despondent, and they have every reason to be. South Africa has many problems: Crime, unemployment, poverty, gender-based violence, inequality, low economic growth and now in common with many other countries the Covid-19 coronavirus. The list goes on and on. What makes corruption the biggest threat among all these is that it cuts across all of them and impacts on their gravity in different ways. The South African Constitution envisages a society based on democratic values, social justice and fundamental human rights. The way things are going, that society is never likely to happen because corruption has been, and continues to be, the greatest threat to any possibility of realising that constitutional dream. In South Africa, like everywhere else where corruption is rampant, it occurs both in the public and private sector, where it affects democracy and human rights by deteriorating institutions and diminishing public trust in government. It impairs the ability of government to fulfil its obligations and ensure accountability in the delivery of economic and social services such as healthcare, education, clean water, housing and social security. This is because corruption diverts funds into private pockets, which impedes delivery of services, thereby perpetuating poverty, inequality, injustice and unfairness. The problem is aggravated when government is the main culprit. Government here, of course, refers to the dictionary meaning of the term, namely the group of people with the authority to govern a country or state. There are those who argue that corruption is as old as mankind and, therefore, it is here to stay. Indeed, corruption is known to have existed in ancient Egypt, ancient China and ancient Greece. In Robert Bolts 16th century play A Man for All Seasons, Richard Richs opening remark is: But every man has his price. Clear legal framework At the time of Van Riebeeck and during the 350 years of colonialism and apartheid, we did not have the legal framework that we have now. Here is a brief overview of that framework. Firstly, international law is replete with anti-corruption treaties and agreements. The main international anticorruption legal instrument is the UN Convention against Corruption, whose focus is on prevention, criminalisation, international cooperation, and asset recovery and implementation mechanisms.The other important legal instrument is the UN Convention against Transnational Organised Crime, which focuses mainly on the fight against organised crime and includes several provisions relating to corruption.Several provisions in the Constitution also have direct and indirect bearing on corruption.Domestically, South Africa is not short of legal instruments either. Although the word corruption is not mentioned anywhere in the Constitution, several provisions of the document have direct or indirect bearing on it.Not only does the Constitution create certain offices to ensure transparency and accountability of government officials, it also contains anti-corruption provisions that span across a large variety of sectors such as administration, public service, security services and finance. Examples include section 32(1)(a) and (b) which provide for the right of access to information section 33(1) and (2), which provide for the right to administrative action that is lawful, reasonable and procedurally fair and section 182(1)(a), which gives the Public Protector power to investigate any conduct in state affairs or in the public administration of any sphere of government that is alleged or suspected to be improper.Corruption becomes systemic when corrupt activity begins to appear at all levels within a political system Anti-corruption statutes The main anti-corruption statute in South Africa is the Prevention and Combating of Corrupt Activities Act 12 of 2004. The act is a comprehensive statute that creates the general offence of corruption and offences in respect of corrupt activities relating to public officers, members of the legislative authority, judicial officers and members of the prosecuting authority.Another relevant anti-corruption statute is the Prevention of Organised Crime Act 121 of 1998, which provides for measures to combat organised crimes, money laundering and criminal gang activities.Also relevant is the Protected Disclosures Act 26 of 2001, which makes provision for procedure in terms of which employees and workers in the private and public sector may disclose information relating to unlawful or irregular conduct by their employers or employees. It also provides protection for employees or workers who make such disclosure.Then there is the Public Finance Management Act 1 of 1999 (PFMA), which was adopted to modernise financial management by ensuring transparency, accountability and the sound management of revenue, expenditure, assets and liabilities of provincial and national governments. Clearly, there are sufficient laws to address corruption in the country. The problem therefore lies elsewhereFinally, the Executive Members Ethics Act 82 of 1998 provides for the publishing of a code of ethics after consultation with Parliament and by proclamation in the Government Gazette governing the conduct of members of the Cabinet, deputy ministers and members of the provincial executive council. Mention also ought to be made of subsidiary legislation such as the PFMA regulations, which provide for a practical framework within which supply chain management practices are to take place the MFMA municipal supply chain management regulations, which regulate the procedure for competitive bidding procurement and the Preferential Procurement Policy Framework Act (PPPFA) regulations, which provide for an operational framework for the preference point system envisaged in the PPPFA. The role of civil society is critical. There are a number of civil society organisations in South Africa that can and do play an important role in the fight against corruption. Corruption Watch and the National Anti-Corruption Forum, for example, can do a lot more in being corruption watchdogs, exposing cases of corruption, challenging corrupt officials and institutions, and identifying corruption-prone areas, particularly in government.At the end of the day, exceptional leadership from the very top might be a big part of the solution

QUESTION 1 (20 Marks)

As alluded to in the narrative, there are sufficient laws to address corruption in the country. The problem therefore lies elsewhere. A public service ethos needs to prevail that fosters a sense of commitment to clean administration. Elaborate on whistle-blowers, political leadership, organisational arrangements, statutory guidelines and codes of conduct as remedies introduced in South Africa in this ongoing battle against corruption. Your answer should be motivated by practical examples.