Anything that can help to curb the corruption that is rife in South Africa, both in the public and private sectors, must be welcomed. The new draft anti-corruption bull that imposes stiffer sentences than the existing Corruption Act of 1994 and that extends its scope to dealings with foreign public officials, to placing obstacles in the way of investigations into corruption, and to the compulsory reporting of bribery attempts is clearly aimed at facilitating the ongoing campaign to enforce greater honesty in our public life.

Heaven knows, we need it. There is hardly an issue of a newspaper without at least one report about bribery and corruption. Currently there are inquiries into the role of individuals in the arms deal negotiations, including special discounts given to senior government members. A senior police superintendent is facing charges of theft, fraud, corruption and defeating the ends of justice, for allegedly accepting bribe money from illegal casino operators. An investigator for the Independent Complaints Directorate has been arrested on charges of corruption. And there are others.

The fact that these cases are coming to the attention of the public and that the accused persons, even those in high office or who have themselves been entrusted to enforce the law, are being prosecuted is a good sign. But the very prevalence of the cases would suggest that many perpetrators are will going undetected. It is not so much the law that is to blame for widespread corruption, as serious shortcomings in its enforcement.

There are celebrated instances where senior government officials, up to the level of director-general, have blatantly abused their positions for personal enrichment for months without being stopped in their tracks. Sometimes it is only when their behaviour has been highlighted in the media that action is taken against them. Even then they have been suspended on full pay. More often than not they have resigned without being prosecuted and, to add insult to public injury, one or two have popped up elsewhere in public office.

This apparent tolerance of corruption some circumstances cannot be allowed to continue. It undermines the government’s stated intention to root it out, however tough the laws.

The new legislation, as good as it may be, must be accompanied by an inflexible official will to enforce it. Otherwise, like other excellent statutes, it could en up under-utilised.

With acknowledgement to Cape Times.