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Corruption in South Africa: The politics, the law and all the shenanigans in between

13 October 2020 | Story Prof John Mubangizi | Photo Sonia du Toit

Prof John_read more — 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

Three Kovsies receive prestigious Mandela Rhodes scholarship for 2015

2014-11-10

From the left: Lehlohonolo Mofokeng, Tumelo Morobane and Zola Valashiya
Photo: Stefan Lotter

The UFS continues to produce leaders and is proud to have three Mandela Rhodes scholars next year.

Lehlohonolo Mofokeng, Zola Valashiya and Tumelo Morobane all received this prestigious scholarship for 2015.

A Mandela Rhodes Scholarship provides full funding for a maximum of two years of postgraduate study. The award is open to all African citizens under the age of 30 years and recipients must study towards an honours or master’s degree at a recognised South African institution. Although there is no maximum number of awards, the scholarships are highly competitive, with fewer than 30 scholarships being awarded each year since its inception in 2005. The scholarships cover tuition, accommodation, meals, book allowance, general allowance, and travel expenses. Recipients of the Mandela Rhodes Scholarship are students with outstanding academic achievements, who also possess leadership ability, entrepreneurial skills, and a commitment to reconciliation. In addition to receiving funding for their studies, scholars also do a leadership development programme while in residence. The award is named after Nelson Mandela and Cecil Rhodes and is administered by the Mandela Rhodes Foundation, which is a partnership between the Nelson Mandela and the Rhodes Trusts.

Lehlohonolo has just finished his BEd Hons in Philosophy and Policy of Education at the UFS. He hopes to enroll for a master’s degree in Education Policy, Planning and Management at the University of Witwatersrand with his Mandela Rhodes Scholarship.

Zola is originally from Johannesburg and is completing his LLB degree at the UFS this year. He is planning to stay at the UFS in 2015 to do his LLM in Constitutional Law or International Human Rights Law.

Tumelo has a BSc Honours in Actuarial Science and will use this scholarship next year to study towards her master’s degree at the UFS.

“I chose to stay at the UFS because I am doing a great master's project with Munich Re through the UFS,” says Tumelo.

“Furthermore, the CEO of the Mandela Foundation, Mr Sello Hatang, asked me to work with the foundation on a few projects that mostly focus on keeping the girl child in school across Africa, as well as helping with providing training and workshops on entrepreneurship to young people.

“So, I am looking forward to a very busy year ahead of me, which will be filled with so much learning, growth and making a difference,” Tumelo says.

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