Data - Towards Enforcement of African Commitments Against Corruption

South Africa is the third-largest economy in Africa and has a strong history of activism. Despite this, the country is also rated the most unequal country in the world, even 30 years after the end of Apartheid. This context is important when trying to understand both the effects of corruption and anti-corruption efforts in South Africa. During the nearly decade-long administration led by Jacob Zuma (2009–2018), democratic institutions suffered huge setbacks. This was particularly true for institutions working to combat corruption, like the Office of the Public Protector and other agencies that form an important part of the country’s criminal justice system. These setbacks are reflected in South Africa’s CPI score drastically dropping during the last years of Zuma’s presidency.

South Africa does not have one entity solely focused on anti-corruption measures, despite many arguments in favour of such an institution. Instead, investigative powers are distributed across multiple agencies, none of which can criminally prosecute offenders – such powers lie with the National Prosecuting Authority – nor do they have the power needed for decisive action to eradicate corruption. South Africa was among the first countries to sign and ratify the African Union Convention on Preventing and Combating Corruption (AUCPCC) and has recently taken several important steps in its fight against corruption, especially with the adoption of the national anti-corruption strategy in 2020.

The AUCPCC is a shared roadmap for member states to implement good governance and anti-corruption policies and systems. South Africa signed the convention in March 2004 and ratified it in November 2005. One immediate outcome of signing the AUCPCC was the enactment of the Prevention and Combating of Corrupt Activities Act (PRECCA) in 2004. The act strengthens measures to prevent and combat corruption and is considered the centrepiece of anti-corruption legislation in South Africa.

Under the TEA-CAC project, Transparency International’s South Africa Chapter, Corruption Watch, conducted research into the status of implementation of the AUCPCC, with a focus on anti-corruption institutions (Article 5). In order to rate South Africa’s compliance with the AUCPCC, Corruption Watch developed a scorecard. For more details on this scorecard and other advocacy tools, please see individual toolkits from the Tools & Tactics to promote the Africa Union Convention on Preventing and Combating Corruption.

In August 2018, the Judicial Commission of Inquiry into Allegations of State Capture – commonly referred to as the Zondo Commission – was launched. This public inquiry investigated allegations of corruption and fraud in the public sector and involved high profile names such as the Gupta family and other Zuma allies and family members. As such, the Zondo Commission is seen by many as a monumental event in the anti-corruption space in South Africa. In April 2019, Corruption Watch presented findings from its research on the AUCPCC’s Article 5, and made a joint submission with the Institute of Security Studies (ISS) to the commission. This submission included their review of the state of South Africa’s anti-corruption institutions and recommendations for strengthening them.

The recommendations by Corruption Watch and the ISS included competency and integrity assessments for senior managers, audits to identify irregular appointments and legislation to ensure greater transparency around the relationship between the executive and the senior leadership of criminal justice agencies. They also recommended that outcomes of the Zondo Commission are made available for public scrutiny.

While the Zondo Commission was a reactive measure in the wake of decades of endemic corruption, Corruption Watch also works on more preventative approaches. Starting in 2019, the government formed three anti-corruption forums – on health, local government and infrastructure – in which Corruption Watch plays an active role. The purpose of these forums is to receive allegations specific to their individual sectors. Then, they assess and refer these complaints to the relevant institution which investigates them and reports back to the forum to ensure that appropriate actions are taken.

Initially, all the members of the health anti-corruption forum were from the government or the private sector. Corruption Watch publicly called out the omission of civil society which resulted in them, and other civil society organisations, being included in the forum. This engagement of civil society and collaboration with the government and private sector helps ensure systemic changes are implemented.

In 2020, Corruption Watch partnered with the Special Investigation Unit (SIU), which is also a member of the health anti-corruption forum, to host a series of public webinars on corruption related issues in the health sector. The core function of the SIU is to conduct forensic investigations geared towards litigation and recovery of losses suffered by the state. These jointly hosted webinars were designed to help people recognise and define corrupt behaviour, teach them how to react when faced with it and where to report cases. With around 300 people attending each of the four live events, these webinars were successful in reaching large portions of the public.