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13 October 2020 | Story Prof John Mubangizi | Photo Sonia du Toit
Prof John C Mubangizi is Dean: Faculty of Law, University of the Free State.

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 – COVID-19. 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. That is 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 sectors, 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 like 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”.

Corruption existed in ancient Egypt, China and Greece

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 Bolt’s 16th Century play A Man for All Seasons, Richard Rich’s opening remark is “But every man has his price.” In the 1836 play The Government Inspector, Nikolai Gogol cleverly satirised the human greed, stupidity and extensive political corruption in Imperial Russia at the time. And in a recent article in The Conversation (28 August 2020), Steven Friedman wonders why South Africans express shock at corruption when “it is perhaps the country’s oldest tradition.” He locates the advent of corruption in South Africa at the arrival of Jan van Riebeeck in 1652, through to the ensuing colonialism and apartheid. He argues that in reality, “corruption has been a constant feature of South African political life for much of the past 350 years. It is deeply embedded and it will take a concerted effort, over years, not days, to defeat it”. 

Agreed, but does it have to be that way? At the time of Jan 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.

Read full article here

Opinion article by Professor John C Mubangizi, Dean: Faculty of Law, University of the Free State


News Archive

Public Protector visited Faculty of Law
2005-09-23

On 21 September 2005 the Public Protector visited the Faculty of Law.  This event took place at 10:00 in the Senate Hall of the CR Swart Building, after which a light lunch was served for the delegates and staff of the Faculty.

The purpose of the visit was to spell out the roles, functions and powers of the Public Protector, to promote public awareness and transparency and to increase contact between the Faculty and the Public Protector.  Sufficient time was allowed to answer all the questions posed by various parties, and brochures were made available.

All law students and staff members of the Faculty were invited to the occasion.  The presentations also included information regarding career possibilities for students with the Public Protector’s office.  This organization is more than willing to involve students in community service projects and would keep in contact with the Faculty in this regard.

All the representatives of the Public Protector’s office who visited the Faculty are in the law profession:

The following persons made presentations:

Mr P Nthotso:  Independent Complaints Directorate
Ms L Mdalane: Directorate of Special Operations – Scorpions
Ms M Thetlhu: South African Human Rights Commission
Mr A Madiba:  Office of the Public Protector.

The persons mentioned above were accompanied by their supervisors, viz. Mr L Mashee (Head Public Awareness, Free State) and Ms SD Griessel (Provincial representative for the Public Protector, Free State).  A further two employees of the Public Protector attended as observers, viz. Mr T Kgabeginyane and Mr MR Matlesoane.

The Public Protector functions independently and reports directly to Parliament.

Staff and students found the visit very informative and valuable contacts were made in the process.

 



Back from left:
Ms Michelle Havenga (President of the Faculty of Law's Juridical Society ), Ms Masego Thethu (South African Human Rights Commission), Ms  Lebo Mdalane (Directorate Special Projects of the Scorpions) and Mr  Pieter Nthotso (Independent Complaints Directorate).
Front from left: Mrs Soné Griessel (Provincial Representative of the Public Protector in the Free State) and Prof Carel van der M Fick (Head:  Department of Criminal Procedure and Philosophy of Law at the UFS Faculty of Law).

 

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