Minister Jeff Radebe: Launch of Anti- Corruption Discussion Document

Good morning Ladies and Gentlemen,

My dear fellow South Africans, today I have the privilege of inviting all of you to join us in the initiation of a public consultation process to craft our country’s collective strategy that will strengthen our endeavours to root corruption in all spheres of society.

As government we are well aware of the magnitude of this task, as well as the pervasive scepticism and wide-spread negative perceptions with which our efforts to fight corruption are viewed. In our view there is no basis for this negativity especially as there are numerous initiatives that we have set in motion as well, the more than modest success we have recorded in the course of wrestling the corruption beast. This in no way negates the rampancy of the scourge of corruption. In this regard it is worth recalling that corruption is a global phenomenon and its manifestation is not unique to our country.

On 9 December 2016 during the commemoration of International Anti-Corruption Day, on behalf of the South African government I again reiterated our commitment to upholding the values of the United Nations (UN) Convention against Corruption, advancing its objectives and ensuring that we are on par with international standards in terms of fighting corruption, bribery and money-laundering. In the course of the afore-mentioned address I further remarked that:

“Corruption in both the private and public sectors has got a detrimental effect on our country’s development and the government’s efforts to effectively deliver services to its people.  Government, business, labour and civil society acting together as a united and coherent force, offers us the possibility to deliver a crushing blow against this spectre of corruption.”

The task of overcoming this malfeasance remains one of the major priorities of the South African government and in this connection we have numerous agencies and institutions as well as many dedicated and tenacious public servants and law-enforcers working towards ridding our country of corruption and corrupt people.

The Anti-Corruption Inter-Ministerial Committee that was established by President J.G. Zuma in June 2014 is mandated to oversee all government’s anti-corruption efforts and initiatives, and to track progress we make or do not make both at the policy and operational levels.

One of the key structures that we created and which is at the coalface of the battle to eliminate corruption is the Anti-Corruption Task Team (ACTT) which is constituted by close to fourteen (14) departments and institutions. The work of the ACTT is encapsulated in five focus areas, namely, i) communication and awareness; ii) intelligence coordination, policy and strategy development; iii) public sector policy and capacity development; iv) vulnerable sector management; and v) crime operations and resolutions.

Our endeavours to hold people accountable, and to bring corrupt elements to book is paying dividend and some of the highlights of operational successes we have registered against corrupt persons are reflected hereunder.

In the current term of the fifth administration, we have set ourselves the goal of ensuring that by 2019 we secure the conviction of a cumulative number of 120 persons who are involved in high priority corruption cases. These high priority cases consist of those matters in which potential corruption per case is to the value of R5 million and above. Since 2014 to date the number of persons convicted in respect of high priority matters stands at about 66. Beyond the aforementioned convictions we also employ a mechanism with which, pending investigations or prosecutions, we freeze assets of persons suspected of being involved in corruption so as to prevent them from benefitting from the proceeds of crime. From 2014 to date freezing orders obtained amount to R4 785bn.
 
On fighting arm of our anti-corruption agencies is the Special Investigative Unit (SIU).  Since the beginning of the 2014/15 financial year the end of the financial year 2016/17, the President has signed thirty-one (31) proclamations Proclamations empowering the Special Investigative Unit (SIU) to investigate serious malpractices, maladministration and corruption in connection with the administration of State Institutions and to take appropriate and effective civil action.  During the period under reference, the value money and assets recovered totalled about R230 million while the value of the potential loss prevented came close to R1.4 billion.  Furthermore, the value of contracts and /or administrative decisions set aside or deemed invalid was close to R4.6 billion.  The SIU has also referred certain matters for the institution or defence/opposition civil proceedings.  The quantum of these matters is approximately R5 billion.
 
Besides the progress reported hereinbefore, we established the Office of the Chief Procurement Officer (OCPO) in order to modernise and consolidate the State’s fragmented legislative framework for procurement and supply chain management. Among others, this has contributed to the strengthening of accountability through focused governance monitoring and compliance arrangements; using technology smartly to reduce red tape, bringing efficiency and effectiveness in the procurement process; and establishing strategic procurement principles. Since its establishment, the OCPO has taken bold steps to curb waste, leakages, wrong doing and corruption.  Notable achievements recorded since 2014 are the development of Public Procurement Bill (PPB) which aims to modernise the public procurement and SCM function by consolidating a legal framework applicable to the public sector and to facilitate broader reforms. Steps have also been taken to improve transparency, efficiency and effectiveness of Supply Chain Management (SCM) by simplifying the process of doing business with state in the SCM environment. A website containing information on procurement plans for National Departments and State Entities has been uploaded and is updated on a regular basis. Procurement plans for national departments and public entities are publicized quarterly on the OCPO website. Seventy-six (76) procurement plans for national departments and public entities have thus far been published. The Central Supplier Database (CSD) is the first step in this journey and is seen as the precursor to eProcurement in Government. An eTender Publication Portal has also been created whose purpose is improved transparency of procurement spend.
 
Ladies and Gentlemen,
 
The vision of the National Development Plan reminds us that:

“Overcoming the twin challenges of corruption and lack of accountability in our society requires a resilient system consisting of political will, sound institutions, a sound legal system, an active citizenry that is empowered to hold public officials accountable”.

None among us gathered here can gainsay the fact that the defeat of the spectre of corruption is well-nigh impossible unless and until we act conjointly as one coherent force, bringing to bear all our respective expertise, capacities and resources. The National Development Plan thus recognises that corruption is a societal issue that must be confronted head on by everyone. Accordingly, in addition to the reactive law-enforcement focus, and to support our policy development, we have conceptualised a “Whole of Government and Societal Approach”. This is to ensure that acting in concert, government, business, civil society organisations and ordinary citizens can each do their part to act against corruption.

However, in order to channel all our energies and to ensure that we all march in unison to a South Africa free of corruption we need an over-arching national anti-corruption strategy.  Informed by the National Development Plan, stipulates that anti-corruption efforts must seek to realise the following outcomes:

  • Building a resilient anti-corruption system
  • Strengthening accountability and responsibility of public servants
  • Creating a transparent, responsive and accountable public service
  • Strengthening judicial governance and the rule of law.

It is intended that the envisaged strategy should address corruption, both in the public and private sectors. It must further inform the work of government and the citizenry in its broadest sense. Together, as part of the international community, as country and individuals we must act with integrity, and work collectively to fight against this debilitating scourge that is tainting our country’s status and that erodes the Constitutional values we hold dear.

Without repeating what was already highlighted in the technical briefing I want to reiterate the following regarding the development of the National Anti-Corruption Strategy, its origin and the process thus far followed:

  • Firstly in the Medium Term Strategic Framework, under Outcome 3, we prioritised the review of our Anti-Corruption Policy framework. To achieve this, government initiated a process in September 2015, to develop a comprehensive National Anti-Corruption Strategy that takes into account all existing institutional structures and initiatives to fight corruption. We thereafter commissioned a Diagnostic Report on the corruption phenomenon to identify the main challenges and inform the focus and elements required to craft this strategy.
  • The Diagnostic report led to the drafting of a Discussion Document to set a starting point for this national dialogue. In our efforts to ensure inclusivity and transparency we had some initial workshops, to obtain some preliminary thoughts from business and civil society on the process and possible content. May I express a sincere “Thank you” to the various organisations who participated in these high-level engagements in 2016 and who provided initial comments towards the compilation of this Discussion Document. On 29 March 2017 Cabinet approved the release of the Discussion Document for society-wide public consultation, which will result in the development of “a whole of government and societal approach” based National Anti-Corruption Strategy. The proposals for discussion introduce measures aimed at the creation a resilient anti-corruption system that promotes multi-sectoral collaboration across all sectors as guided in the National Development Plan.
  • The strategy therefore provides a set of strategic pillars and programmes around which sectors, organisations and other forums within these sectors can direct and attempt to align their work. It also provides a tool for citizens and others to monitor South Africa’s progress in achieving a substantial reduction in corruption in the country.
  • To take this process forward we will host a series of public consultations in provinces and with various sectoral interest groups. The public will also be able to provide written inputs and comments through electronic platforms.

Last year the United Nations adopted the theme: “United against Corruption,” which we in South Africa commemorated under the subtheme, “In partnership towards a National Anti-Corruption Strategy.” This subtheme resonates with the injunction of the National Development Plan (NDP) to foster active citizenry that will partner with government in the fight against corruption.

As already emphasised, we deem it as of critical importance that this strategy should be developed jointly with our civil society in part to secure buy-in by all concerned. In this connection I wish us to recall the injunction of the National Development Plan that overcoming corruption and lack of accountability in society requires political will, sound institutions, a solid legal foundation and an active citizenry that holds public officials accountable. Additionally, this country plan postulates that active citizenry and social activism is necessary for democracy and development to flourish and that the state cannot merely act on behalf of the people. Thus acting together in the manner advanced herein will also ensure that each one of the stakeholders plays its part in the implementation and monitoring of the strategy and thereby enhance accountability of all. The messages that must issue from the joining of hands between government and organisations representing diverse interests of society are, inter alia, that:

  • Corruption is the enemy of good governance.
  • Government is determined to fight corruption wherever it manifests itself in our society.
  • South Africans can have their say in the fight against corruption.
  • Together we can beat the scourge of corruption.

In my capacity as the chairperson of the Anti-Corruption Inter-Ministerial Committee (the ACIMC), I hereby table the discussion document which will serve as the basis for country-wide consultations leading to the development and adoption of South’s first National Anti-Corruption Strategy.  I invite you and the rest of society to become part of a process that is setting us on the road towards building a system that will result in a corruption free South Africa. Please actively contribute your thoughts, opinions and voices to ensure that Together we can Stop Corruption!

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