Keynote address by the Deputy Minister in The Presidency, Mr Buti Manamela to the International Anti-Corruption Day event, UNISA, Pretoria
Programme Director - Prof Divya Singh,
Acting Chairperson of the Public Service Commission - Adv. Richard Sizani,
Regional Representative for Southern Africa, United Nations Office on Drugs and Crime - Ms. Zhuldyz Akisheva,
Senior Anti-Corruption Advisor for Eastern and Southern Africa, United Nations Office on Drugs and Crime - Mr Tim Steele,
Members of the Anti-Corruption Task Team Executive Committee,
Members of the Diplomatic Corps,
Members of the Media,
Members of the Academic Staff of UNISA,
Representatives of the Student Community of UNISA,
Distinguished guests,
Fellow South Africans.
I firstly want to express the regret of Minister Jeff Radebe for not being able to attend this event due to his cabinet commitments. I am indeed honoured to deliver this keynote address, as the Deputy Minister in The Presidency, to this International Anti-Corruption Day event.
The sapping effect of corruption and bribery on government efforts throughout the globe to enhance political and economic freedom of citizens warrants that we devote a day in each calendar year to recommit ourselves to the fight against this plague. As in the previous year, United Nations Office on Drugs and Crime (UNDOC) has deemed it fitting to continue on the theme adopted last year, namely .
UNDOC reminds us that: “Corruption is a complex social, political and economic phenomenon that affects all countries. Corruption undermines democratic institutions, slows economic development and contributes to governmental instability. Corruption attacks the foundation of democratic institutions by distorting electoral processes, perverting the rule of law and creating bureaucratic quagmires whose only reason for existing is the soliciting of bribes. Economic development is stunted because foreign direct investment is discouraged and small businesses within the country often find it impossible to overcome the "start-up costs" required because of corruption.”
Implied in the decision to continue on that theme is the knowledge and understanding that no matter how determined we are to take the fight to those who have made corruption their business, it is that much harder to break the back of corruption.
The enormity and complexity of the corruption beast thus obligates us to meet annually, as we have done today, to reflect on the journey thus far traversed towards a corruption and bribery free destination. In the course of that reflection it is apt to pose and answer questions on the pledges we made when we congregated here last year. More importantly, we must pay special attention on those areas where we have made no or little progress as well as what we propose to do to address the impediments in the fight against corruption.
In this address I propose to confine myself to the efforts and measures that we as government in partnership with the citizenry sought to institute so as to position ourselves as a formidable and indomitable force against this scourge. What then is the score?
Before I touch on the progress we have recorded and the obstacles we need to overcome, allow me to state some facts. The commitment and resolve of this government to fight corruption and other corruption related crimes is indisputable. The seriousness with which corruption is regarded is evidenced by the fact that the National Development Plan (NDP) dedicates an entire chapter to the fight against corruption including the injunctions that we must carry out to break its back. In similar vein our five year plan, the Medium Term Strategic Framework (MTSF), contains within it actions we have to focus on and the targets we must attain in order to inflict an impactful blow on corruption and bribery.
In 2014, President Zuma established an Anti-Corruption Inter-Ministerial Committee (ACIMC) to drive government initiatives and to fight corruption and to oversee the activities of all state entities that have been assigned to the responsibility to combat corruption and bribery. Minister Jeff Radebe is entrusted with the responsibility to convene and chair the ACIMC. Some thirteen government departments and institutions have joined together under what we have styled the Anti-Corruption Task Team (ACTT). The ACTT functions under the aegis and guidance of the ACIMC.
One of the MTSF priorities is to secure, by 2019, the conviction of 120 persons who are charged with corruption and corruption related offences in which the amount of the potential loss involved is R5 million and above.
While we may be lagging a little behind with regard to meeting this target, we are nevertheless satisfied with the progress that we have since 2014. To date we have achieved a cumulative figure of about sixteen convictions which together with convictions realised between 2009 and 2014 now stands at 88. However we need to enhance our forensic, investigative and prosecutorial capacity in order to achieve more radical results.
Over and above the foregoing convictions, since 2012 we have also made good progress in relation to securing convictions for over three thousand individuals involved with serious or serious financial and economic crimes such as fraud and theft. Securing these convictions also offer the possibility to recover losses occasioned to the state as a consequence of corruption.
Since 2013 we have succeeded in recovering losses sustained by the state as a consequence of corruption to the value of some R1.8 billion.
One of the mechanisms that is available to government in the fight against this blight is the use of preservation of property or freezing orders issued by the High Court where such property is, inter alia, suspected to be a proceed of unlawful activities.
An order so issued curtails the right of the person against whom it is issued to deal in any manner with said property. The utility of this mechanism is borne out by the fact that since around 2013 to date, the total value of freezing orders obtained in respect of diverse illegal activities including corruption and other serious economic offences was in the region of R5.7 billion.
The criminal justice response to corruption also entails the employment of the Special Investigative Unit (SIU) to investigate state institutions at local, provincial and national levels of government as well as State Owned Enterprises for serious maladministration, fraud and corruption. To this end the President has issued about thirty three (33) Proclamations since 2013. Some achievements include the following:
- evidence prepared for use in civil litigations (including civil matters instituted in Court) involving close to four thousand, nine hundred (4,900) individuals;
- evidence prepared for use in criminal matters in respect of over three thousand persons; and
- evidence prepared for use in disciplinary action against almost five thousand government officials.
Part of giving effect to a resilient anti-corruption system contemplated in the NDP involves developing a national anti-corruption strategy that will inform not only the work of government but also the initiatives of the citizenry through their various organised formations. Among other things, we intend for the strategy to enhance transparency and accountability, improve coordination of all anti-corruption endeavours, promote ethical conduct and ensure public participation.
It is aimed at crafting a strategy that rests on strategic pillars such as prevention, inclusive of integrity management, communication and reporting (raising awareness) and education; detection; investigation; prosecution and resolution; monitoring and evaluation; consequence management and partnership development. We aim to have the strategy ready for implementation by the second half of next year.
As we pointed last year the United Nations Convention against Corruption (UNCAC) requires us to put in place and implement or maintain effective, coordinated anti-corruption policies. These policies must promote the participation of society and reflect the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability.
It also places a duty upon us to enact legislative and related measures as may be necessary to create such criminal offences that will combat corruption. It was also reported that in this regard a raft of measures have been adopted to eradicate corruption. These among others, encompass legislation to combat and prevent corrupt activities, to protect whistle-blowers and to mandate the President to establish structures to investigate and adjudicate cases of serious malpractice or maladministration in state institutions.
To strengthen our anti-corruption instruments Cabinet approved the introduction of a bill that seeks to amend the Protected Disclosures Act in order to provide greater protection to whistle-blowers. The amendment bill has been introduced to Parliament for further processing. In addition to the foregoing, drafting of regulations that will enable the operationalisation of the Public Administration and Management Act that was assented to by the President is underway.
Last year we advised this gathering that we would intensify efforts to revive the partnerships with civil society through ensuring that the National Anti-Corruption Forum (NACF) is strengthened and well-resourced so as to ensure that it functions optimally.
Sadly we have not been able to make significant progress. We are however determined to ensure that the NACF rises to the challenge of eradicating corruption. We shall enhance our engagements with non-state actors to make certain that this goal is realised.
We accordingly take advantage of this opportunity to iterate the matters underscored by Minister Jeff Radebe when receiving a petition from the Unite Against Corruption coalition that in government they have a partner that is willing and able to join forces with them in the fight against corruption. We call on all our people to walk the journey towards a corruption-free society with us.
When we spoke last year we noted that according to Corruption Perceptions Index 2014 South Africa was ranked 67, an improvement by 5 positions from 72 out of 177 countries. In our view this was a clear acknowledgment and recognition of our government’s efforts to eradicate corruption. We also stressed that this no doubt attests to the good progress that we have made as well as the political will demonstrated in the fight against corruption. We remain confident that we are on course to meet the 2019 target of improving our ranking to be below 50.
Finally, it is worth noting that we have continued to engage with international bodies that are involved in the global fight against corruption and bribery and to fulfil obligations flowing from international instruments that we signed. We are busy compiling the report that we must submit to the Organisation for Economic Co-operation and Development (OECD) in March. In particular the report addresses the thirteen recommendations made in respect of the report submitted in 2014.
In addition we continue to be involved the work of UNDOC, the G20 as well within the BRICS to defeat corruption. We make bold and assert that through our concerted efforts, the corruption chain can and will be broken.
Rest assured that this government is firmly fighting corruption, in all its forms, and we call up citizens of our land to join hands with us in this fight.
I thank you!
Enquiries:
Matshepo Seedat
Cell: 082 679 9473
Email: Matshepo@presidency.gov.za
