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05 May 2021 | Story André Damons and Dr Nitha Ramnath

South Africa does not have the specialisation to fight corruption. There is a need to determine what sort of specialisation is required in order to properly address the kind of corruption that is starting to look like it is endemic in South Africa.

This is according to Adv Hermione Cronje, Head of the Investigating Directorate (ID) at the National Prosecuting Authority (NPA), who was one of the panellists on Tuesday (4 May 2021) during the University of the Free State (UFS) webinar on corruption. The webinar, titled Corruption in South Africa: the endemic pandemic, is the second in the 2021 UFS Thought-Leader Series. 

The rest of the panel comprised experts such as Adv Ouma Rabaji-Rasethaba, Deputy National Director of Public Prosecutions (NPA); Adv Paul Hoffman, Director: Institute for Accountability in Southern Africa, and campaigning as Accountability Now; Justice Dennis Davis, former Judge at the High Court of Cape Town and Judge President of the Competition Appeal Court; and Prof John Mubangizi, Dean: Faculty of Law, University of the Free State. Prof Francis Petersen, Rector and Vice-Chancellor of the UFS, was the facilitator.

The specialisation needed 

Adv Cronje said she agrees that specialisation, resources, training, and independence are critical. “We need specialisation in digital forensics. We have the advantage that, in the Zondo Commission, we have created a digital forensics capability that I believe is almost second to none. That capability now needs to be put at the disposal of law enforcement,” said Adv Cronje.

According to her, training is needed on the basics. There have not been many major corruption prosecutions in South Africa for many years, and there is not a cadre of skilled, big-case corruption prosecutors. 

“We know it’s a slow and very frustrating process. The system has been very broken, and I think the steps we are taking to build and rebuild will bear fruit, but not in a spectacular way that we all hoped for. But let's discuss the real issue; let’s discuss how to resource, how to make trials happen more speedily. Why not have a corruption court?” 

Co-locating to better fight crime

Adv Rabaji-Rasethaba said the NPA has capacity and capability challenges in terms of fighting crime but is reorganising and rebuilding to ensure that it is on top of fighting corruption. “The Anti-Corruption Task Team (ACTT), which is the law enforcement agencies coming together to fight corruption, has also been hallowed out. But the good news there is that we are in the process of rebuilding it,” said Adv Rabaji-Rasethaba.

According to her, they also have a module called Fusion Centre, and are currently working from the Financial Intelligence Centre in Centurion to make sure that the fighting of corruption is fast-tracked. This module was established when COVID-19 corruption started.

“We've now agreed that the NPA and the DPCI need to co-locate with the Asset Forfeiture Unit (AFU) to the special investigating unit in DPCI, which is tracing assets, so that we can fast-track recovery of the proceeds of crime. We are also capacitating the NPA, particularly the specialised units such as the Specialised Commercial Crime Unit (SCCU) and the AFU, to make sure that we get all the right skills we need to be fit for purpose,” said Adv Rabaji-Rasethaba.

The problem of corruption persists

Prof Mubangizi said even though South Africa has an adequate and sufficient legal framework to deal with corruption, the problem persists because corruption has become institutionalised, systemic, and normalised. “And when something becomes institutionalised, systemic, and normalised, it becomes endemic,” said Prof Mubangizi. A second reason, he said, is that our political leadership is largely responsible, as well as the lack of political accountability. 

“I think the law does not bite hard enough. It's one thing to have the laws, but it's a completely different thing to have it property and effectively enforced. This brings into question the role of law enforcement agencies. Unfortunately, most South Africans do not trust that these agencies are able to bring corrupt officials to book. Some of the members of these agencies are assumed corrupt themselves, and the agencies are perceived to be compromised, captured, and toothless,” said Prof Mubangizi.

Remedies through SARS

Judge Davis questioned why there is no real moral authority in the country. “We need to look to our political structures.” 
On discussing the type of remedies that can be put in place to combat corruption, Judge Davis indicated that South Africa has enough institutions. “The NPA should be strengthened and should also reach out to the expertise in the country, which can assist in this regard. I still believe that the best way of dealing with corruption is through the use of the South African Revenue Service (SARS) to hold people accountable. If we can expedite these cases and actually find people guilty of tax fraud, we hold them to account and get back significant sums of money,” said Judge Davis. 

Need for Chapter Nine institution

Adv Hoffman emphasised that the culture of impunity has started and grown since the Scorpions were dissolved.  “There is a need for the creation of a Chapter Nine institution that answers to Parliament and is specialised, trained, independent, resourced with security of tenure (STIRS), and compliant as the best way forward in the fight against corruption,” said Adv Hoffman.  One of the main jobs of the Chapter Nine institution would be to address the recovery of the loot of state capture.  

Prosecute and convict

In his closing remarks, Prof Petersen said what he took from the webinar is coordination and capacity building – making sure we build the capacity of specifically the NPA, but also other organs of the state. “The second thing is training. This is something we need to talk about, because other people – besides universities –could also play a role. The task of the university is actually to develop the leaders of tomorrow; to say – this is what society should look like,” said Prof Petersen. 

Accordingly, it is very important to make sure that we prosecute and convict. “This seems to be the most critical part, because if we get it wrong, the credibility of the whole system is under question. Citizens should also come in and play a crucial role.”


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Media: ANC can learn a lesson from Moshoeshoe
2006-05-20


27/05/2006 20:32 - (SA) 
ANC can learn a lesson from Moshoeshoe
ON 2004, the University of the Free State turned 100 years old. As part of its centenary celebrations, the idea of the Moshoeshoe Memorial Lecture was mooted as part of another idea: to promote the study of the meaning of Moshoeshoe.

This lecture comes at a critical point in South Africa's still-new democracy. There are indications that the value of public engagement that Moshoeshoe prized highly through his lipitso [community gatherings], and now also a prized feature in our democracy, may be under serious threat. It is for this reason that I would like to dedicate this lecture to all those in our country and elsewhere who daily or weekly, or however frequently, have had the courage to express their considered opinions on pressing matters facing our society. They may be columnists, editors, commentators, artists of all kinds, academics and writers of letters to the editor, non-violent protesters with their placards and cartoonists who put a mirror in front of our eyes.

There is a remarkable story of how Moshoeshoe dealt with Mzilikazi, the aggressor who attacked Thaba Bosiu and failed. So when Mzilikazi retreated from Thaba Bosiu with a bruised ego after failing to take over the mountain, Moshoeshoe, in an unexpected turn of events, sent him cattle to return home bruised but grateful for the generosity of a victorious target of his aggression. At least he would not starve along the way. It was a devastating act of magnanimity which signalled a phenomenal role change.

"If only you had asked," Moshoeshoe seemed to be saying, "I could have given you some cattle. Have them anyway."

It was impossible for Mzilikazi not to have felt ashamed. At the same time, he could still present himself to his people as one who was so feared that even in defeat he was given cattle. At any rate, he never returned.

I look at our situation in South Africa and find that the wisdom of Moshoeshoe's method produced one of the defining moments that led to South Africa's momentous transition to democracy. Part of Nelson Mandela's legacy is precisely this: what I have called counter-intuitive leadership and the immense possibilities it offers for re-imagining whole societies.

A number of events in the past 12 months have made me wonder whether we are faced with a new situation that may have arisen. An increasing number of highly intelligent, sensitive and highly committed South Africans across the class, racial and cultural spectrum confess to feeling uncertain and vulnerable as never before since 1994. When indomitable optimists confess to having a sense of things unhinging, the misery of anxiety spreads. It must have something to do with an accumulation of events that convey the sense of impending implosion. It is the sense that events are spiralling out of control and no one among the leadership of the country seems to have a handle on things.

I should mention the one event that has dominated the national scene continuously for many months now. It is, of course, the trying events around the recent trial and acquittal of Jacob Zuma. The aftermath continues to dominate the news and public discourse. What, really, have we learnt or are learning from it all? It is probably too early to tell. Yet the drama seems far from over, promising to keep us all without relief, and in a state of anguish. It seems poised to reveal more faultlines in our national life than answers and solutions.

We need a mechanism that will affirm the different positions of the contestants validating their honesty in a way that will give the public confidence that real solutions are possible. It is this kind of openness, which never comes easily, that leads to breakthrough solutions, of the kind Moshoeshoe's wisdom symbolises.

Who will take this courageous step? What is clear is that a complex democracy like South Africa's cannot survive a single authority. Only multiple authorities within a constitutional framework have a real chance. I want to press this matter further.

Could it be that part of the problem is that we are unable to deal with the notion of "opposition". We are horrified that any of us could become "the opposition". In reality, it is time we began to anticipate the arrival of a moment when there was no longer a single [overwhelmingly] dominant political force as is currently the case. Such is the course of change. The measure of the maturity of the current political environment will be in how it can create conditions that anticipate that moment rather than ones that seek to prevent it. This is the formidable challenge of a popular post-apartheid political movement.

Can it conceptually anticipate a future when it is no longer overwhelmingly in control, in the form in which it currently is and resist, counter-intuitively, the temptation to prevent such an eventuality? Successfully resisting such an option would enable its current vision and its ultimate legacy to our country to manifest itself in different articulations of itself, which then contend for social influence.

In this way, the vision never really dies, it simply evolves into higher, more complex forms of itself. If the resulting versions are what is called "the opposition" that should not be such a bad thing - unless we want to invent another name for it. The image of flying ants going off to start other similar settlements is not so inappropriate.

I do not wish to suggest that the nuptial flights of the alliance partners are about to occur: only that it is a mark of leadership foresight to anticipate them conceptually. Any political movement that has visions of itself as a perpetual entity should look at the compelling evidence of history. Few have survived those defining moments when they should have been more elastic, and that because they were not, did not live to see the next day.

I believe we may have reached a moment not fundamentally different from the sobering, yet uplifting and vision-making, nation-building realities that led to Kempton Park in the early 1990s. The difference between then and now is that the black majority is not facing white compatriots across the negotiating table. Rather, it is facing itself: perhaps really for the first time since 1994. It is not a time for repeating old platitudes. Could we apply to ourselves the same degree of inventiveness and rigorous negotiation we displayed up to the adoption or our Constitution?

Morena Moshoeshoe faced similarly formative challenges. He seems to have been a great listener. No problem was too insignificant that it could not be addressed. He seems to have networked actively across the spectrum of society. He seems to have kept a close eye on the world beyond Lesotho, forming strong friendships and alliances, weighing his options constantly. He seems to have had patience and forbearance. He had tons of data before him before he could propose the unexpected. He tells us across the years that moments of renewal demand no less.

  • This is an editied version of the inaugural Moshoeshoe Memorial Lecture presented by Univeristy of Cape Town vice-chancellor Professor Ndebele at the University of the Free State on Thursday. Perspectives on Leadership Challenges In South Africa

 

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