Publication: Business Day Issued: Date: 2007-01-22 Reporter: Hennie van Vuuren

Marking Territory in the Battle Against Corruption

 

Publication 

Business Day

Date 2007-01-22

Reporter

Hennie van Vuuren

Web Link

www.businessday.co.za

 

Following his recent early release from prison, convicted fraudster Tony Yengeni exclaimed, “It’s a great day!” “It’s a crying shame,” snapped the Sowetan front page. The former chief whip was having none of this when he addressed the crowds outside Malmesbury prison: “The problem in this country is not with me or Zuma. The problem is poverty — 99% of the economy is in the hands of 5% of the population.” One glance down at Yengeni’s Gucci shoes confirms his point: these truly are islands of wealth in a sea of poverty. If we are serious about tackling corruption this year, SA has bigger fish to fry than a former freedom fighter and hero foolish enough to cast shame on his party in pursuit of a shiny German SUV. The flawed Yengeni is correct in observing the real problem SA faces is the accumulation of capital in the hands of the few.

The continued unequal distribution of ownership in the economy fuels corrupt activity (as everyone desperately fights to stay at the top of the pile) and is, in itself, partly a symptom of corruption (as the position of elite groups is reinforced by corrupt activity). If we are to continue to keep corruption in check we need to tackle inequality and keep a close eye on wheeler-dealer politicians and the corporate tycoons with whom they tee off at the local country club.

There are at least seven areas that remain particularly vulnerable to corruption and scandal this year:

?The arms deal: The R1bn back-hander allegedly paid by British arms peddlers is old news that has been given new life by recent investigations in London. It remains the defining corruption drama in a democratic SA, and this is likely to be the year of another trial for Jacob Zuma and indications are that others will also be implicated. Anticorruption agencies need to be given the capacity — and must assert themselves politically — to cast their net wider if we are ever to achieve closure on a saga that has bruised almost all of our democratic institutions.

?Soccer World Cup: After the arms industry, construction is one of the world’s most corrupt industries. Contractors big and small are licking their lips at what the 2010 World Cup holds in store: A massive budget (R15bn) that may already be moving upward and enormous pressure to spend. It’s a recipe for disaster. If SA is going to get it right, we need to ensure that the World Cup project is a beacon of integrity. The first step may be to recognise that very soon we could be facing a real problem that requires extra checks and balances to avoid inflated bills and jobs for pals that are effectively subsidised by the poor.

?Service delivery: A more important project is the access that all citizens must have to basic services. The lure of lucrative tenders is great and here elements within the economic and political elite will continue to steal from the poor in order to fuel the consumer boom.

Three remedies to focus on this year are: the implementation of minimum anticorruption capacity within local and provincial government; swift response and sanctions for managers of those departments that receive qualified audits; policy to sanction civil servants who don’t disclose their assets; and to strictly regulate the almost 50000 civil servants who have business interests outside of government.

New auditor-general Terence Nombembe will play a key role in exposing government departments that are failing South Africans.

?Democracy Inc: In the wake of Oilgate, the media has not even started to unravel the Chancellor House front companies. Until the private funding of political parties is regulated, expect more scandal involving undemocratic regimes, fronts for political parties and corporate donors exhibiting an unhealthy taste for self-interest.

The lack of interest shown by political parties in regulation will be rewarded by dwindling party membership and voter turnout.

?Business — as usual: White collar crime costs the economy more than R50bn a year. The private sector needs to take a long, hard look into its own back yard at who contributes to the high levels of crime and impunity.

The ghost of Brett Kebble will continue to haunt us this year and his ministerial epitaph as a “great South African” has no doubt spurred others to follow in the footsteps of this rogue capitalist.

Support for the investigation and prosecution of corruption and white collar crime in the private sector is key — almost 15 years after the first King Code on Corporate Governance was released it is abundantly clear that self-regulation primarily serves the personal interests of the consultants who promote it.

Legislators produced a big stick in 2004 with a new corruption act but this has been poorly enforced, leaving the register of tender defaulters practically empty, seeing few prosecutions of domestic corporate corruption and none of South African companies involved in bribe payments abroad. Increasing South African interest in the continent’s natural resources and consumer markets must mean that domestic business is either completely virtuous or a blind eye is being turned to the bribery of foreign public officials.

?Parliament: Can Parliament deal with corrupt politicians in the way it dealt with a former chief whip alleged to be a sex pest? We are likely to see a final few sparks before the Travelgate scandal peters out. However, the institution has a lot of ground to regain if is to fulfil the function of top oversight institution.

The recent announcement of a R350m banqueting hall for Parliament will do little to help.

The committee of veteran politicians and analysts that meets this year to recommend ways in which Parliament can regain its integrity is a start but it will take real political will to get the institution through the rapids.

?Apartheid’s spoils: Research by civil society groups pointing to the billions of rand lost to corruption under apartheid drew little more than polite smiles from the executive in the past year. The death of PW Botha underscores the fact that members of the old regime will take these secrets to the grave. We would do well to take note of Chile’s prosecution of former dictator Augusto Pinochet on corruption charges before his death. To combat impunity, we must tackle it where it all started.

Van Vuuren is head of the Institute of Security Studies Corruption & Governance Programme, which is based in Cape Town.

With acknowledgements to Hennie van Vuuren and Business Day.