CORRUPTION NEWS

National Anti-Corruption Strategy: what’s it about?

By Corruption Watch 05 Jul 2018, 9:22

Survey: National Anti-Corrupton Strategy

UPDATE: The pillars of the National Anti-Corruption Strategy have been consolidated from nine to six. They are:

promoting and encouraging active citizenry,
whistle-blowing,
integrity and transparency;
advancing the professionalisation of employees,
enhancing governance in institutions, and
strengthening resourcing and coordination of performance and accountability.

South Africa has the processes and mechanisms in place to fight corruption effectively – but those in authority do not a strong collective will to enforce those measures. Despite the country’s advanced Constitution, which provides a comprehensive fundamental framework for creating good governance and a high standard of ethics and integrity in the public service, and its many laws that regulate public financial management and procurement, that criminalise corruption and that establish multiple institutions to fight corruption, the scourge still thrives.

It is, of course, aided and abetted by the private sector players who form the other side of the corruption coin.

The National Anti-Corruption Strategy (NACS), now in development, is the government’s initiative to establish national consensus on how we tackle corruption. The NACS is taking form out of consultations and discussions with government, business, labour and civil society, and is guided by the NACS discussion document that has been widely circulated.

Vision
The vision of the National Anti-Corruption Strategy is a South Africa that has:
♦ An ethical and accountable state, business and civil society sectors in which those in positions of power and authority act with integrity.
♦ Citizens who respect the rule of law and are empowered to hold those in power to account.
♦ Zero tolerance of corruption in any sphere of activity and substantially reduced levels of corruption.

“It will serve as our joint declaration against corruption in any form and herald a resolute commitment to an ethical and accountable state, and clean governance in business and civil society sectors. It will also signal a commitment by those in positions of power to act with integrity, while inculcating a society where citizens are aware of their rights and responsibilities, respect the rule of law and are empowered to hold those in power to account,” wrote Jeff Radebe, at the time the minister in the presidency for planning, performance, monitoring, evaluation and administration, in City Press.

This strategy encapsulates nine strategic pillars, from citizen empowerment and awareness of corruption, to improving transparency and the integrity of the public procurement system as well as strengthening oversight and anti-corruption agencies and improved consequence management.

“Let us make it our blueprint for a country that has zero tolerance for corruption,” Radebe wrote.

South Africa can build on progress already made. This includes generally robust legislation for fighting corruption; some very strong investigative skills in senior police ranks in South Africa; Chapter 9 and 10 institutions committed to promoting integrity in public and private sectors; a generally clear set of rules and values for guiding the conduct of government employees and members of the executive in the government sector; organised business and civil society having shown earlier commitments to collaborating on anti-corruption efforts which can be revived; and South Africa having a free media and active civil society to support efforts to build accountability.

In the navigation below we explain the nine pillars and provide resources and information on how you can follow the development of the NACS, as well as contribute to it.

The nine pillars

The National Anti-Corruption Strategy is built around nine strategic pillars, which are mutually supportive:

Support citizen empowerment in the fight against corruption, including increased support for whistle-blowers.
Develop sustainable partnerships with stakeholders to reduce corruption and improve integrity management.
Improve transparency by government, business and civil society sectors.
Improve the integrity of the public procurement system to ensure fair, effective and efficient use of public resources.
Support the professionalisation of employees.
Improve adherence to integrity management and anti-corruption mechanisms and improve consequence management for non-compliance of these across government, business and civil society sectors.
Strengthen oversight and governance mechanisms in the government sector.
Strengthen the resourcing, cooperation and independence of dedicated anti-corruption agencies.
Build specific programmes to reduce corruption and improve integrity in sectors particularly vulnerable to corruption (vulnerable sector management), with an initial focus on the Justice, Crime Prevention and Security Cluster.

Some of the programmes undertaken under the strategic pillars will be cross-cutting, i.e. supporting more than one pillar. For example, professionalising supply chain management can support the integrity of the public procurement system; strengthening the capacity of anti-corruption agencies can support improved whistle-blower protection; and more.

Pillar 1

Support citizen empowerment in the fight against corruption (including improved whistle-blower protection)

Through paying a bribe to a government official, ordinary members of the public can perpetuate corrupt activity.

Conversely, through joining public campaigns, or blowing the whistle on suspected cases of corruption, ordinary members of the public, civil society and media play a role in anti-corruption work, and can provide pressure for improved accountability in various sectors in South Africa. The UN Convention Against Corruption and other international treaties urge signatory countries to establish mechanisms that encourage participation in the fight against corruption by the media, civil society and ordinary citizens.

Strategic programmes under pillar 1:

Strategic Programme	Rationale
1.1 Develop and implement awareness-raising campaigns on the nature and effects of corruption, and the mechanisms available to reduce corruption, including corruption reporting hotlines, in partnership with civil society.	Improved awareness of the impact of corruption in particular services or sectors can play a role in influencing positive behaviour change away from corruption, and encourage people to report instances of corruption, if campaigns have a clear thematic focus that allow people to identify in quite specific ways with the issues being raised. Furthermore, these can help build shared understanding of what constitutes corruption.
1.2 Develop and implement information campaigns on citizens’ rights and how administrative processes should function to service citizens in: Frontline services and in sectors offering services that give effect to socio-economic rights in the Constitution, such as in the health and education sectors (public and private). On citizens’ rights as they particularly affect people living in rural areas, on issues such as accessing land and other services.	Where citizens have good information about how a particular administrative process works, and what they have a right to expect from the conduct of a public servant or private sector service provider, they are in a better position to resist requests for bribes, and in a better position to blow the whistle on possible cases of corruption. This strategic programme also contributes to the implementation of the Promotion of Administrative Justice Act.
1.3 Ensure strengthened whistle-blower protection through mechanisms such as: Developing appropriate systems for the protection of the identity of whistle-blowers and for the provision of legal aid to them. Develop improved investigative/referral capacity to support successful prosecution based on information provided to hotlines. Report positive success stories in reducing corruption due to information from whistle-blowers.	The Organisation for Economic Co-operation and Development (OECD) Working Group assessing compliance with provision on combating bribery notes that efforts are needed in South Africa to ensure that in practice whistle-blowers are provided with the protection outlined in law (OECD, 2016. South Africa Phase 3 Written Follow-up Report. OECD, Paris). To be effective, the public should see examples of cases of corruption being prosecuted as a result of these hotlines.

Strategic Programme

Rationale

1.1 Develop and implement awareness-raising campaigns on the nature and effects of corruption, and the mechanisms available to reduce corruption, including corruption reporting hotlines, in partnership with civil society.

Improved awareness of the impact of corruption in particular services or sectors can play a role in influencing positive behaviour change away from corruption, and encourage people to report instances of corruption, if campaigns have a clear thematic focus that allow people to identify in quite specific ways with the issues being raised. Furthermore, these can help build shared understanding of what constitutes corruption.

1.2 Develop and implement information campaigns on citizens’ rights and how administrative processes should function to service citizens in:

Frontline services and in sectors offering services that give effect to socio-economic rights in the Constitution, such as in the health and education sectors (public and private).

On citizens’ rights as they particularly affect people living in rural areas, on issues such as accessing land and other services.

Where citizens have good information about how a particular administrative process works, and what they have a right to expect from the conduct of a public servant or private sector service provider, they are in a better position to resist requests for bribes, and in a better position to blow the whistle on possible cases of corruption. This strategic programme also contributes to the implementation of the Promotion of Administrative Justice Act.

1.3 Ensure strengthened whistle-blower protection through mechanisms such as:

Developing appropriate systems for the protection of the identity of whistle-blowers and for the provision of legal aid to them.

Develop improved investigative/referral capacity to support successful prosecution based on information provided to hotlines.

Report positive success stories in reducing corruption due to information from whistle-blowers.

The Organisation for Economic Co-operation and Development (OECD) Working Group assessing compliance with provision on combating bribery notes that efforts are needed in South Africa to ensure that in practice whistle-blowers are provided with the protection outlined in law (OECD, 2016. South Africa Phase 3 Written Follow-up Report. OECD, Paris).

To be effective, the public should see examples of cases of corruption being prosecuted as a result of these hotlines.

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Pillar 2

Develop sustainable partnerships with stakeholders

Partnerships and collaborative forums are needed to strengthen and sustain the fight against corruption. These partnerships and forums can improve coordination around anti-corruption efforts, build greater consensus around the need for interventions to reduce corruption, develop consensus about appropriate anti-corruption efforts and build social capital between sectors in the country.

Strategic programmes under pillar 2:

Strategic Programme	Rationale
2.1 Rejuvenate the National Anti-Corruption Forum as a platform to coordinate and strengthen anti-corruption and integrity efforts across business, civil society and government sectors; ensuring the forum has the necessary leadership support, resourcing and appropriate structure to be effective.	There are challenges to collaboration and information on anti-corruption measures, and to obtaining sector input on how corruption and anti-corruption affects various sectors and industries. The National Anti-Corruption Forum was a positive development in the anti-corruption landscape. However, the forum has not been very active since the Fourth Summit in 2011. This body should be revived, as encouraged in the National Development Plan and by public statements of the Minister in the Presidency: Planning, Monitoring and Evaluation, Mr Radebe (Minister Radebe’s speech at International Anti-Corruption Day, 9 December 2014). To be effective it will require the active participation of very senior leaders from all sectors; appropriate institutional design; adequate resourcing, especially from government; and a supporting administration/secretariat.
2.2 Develop partnerships between the National School of Government and other government training academies, central government departments such as the Department of Public Service and Administration and National Treasury, educational institutions and professional bodies to ensure improved institutional capacity to undertake effective education, training and quality control in support of anti-corruption, integrity management and professionalisation of the public sector.	Long- term partnerships between education institutions, professional bodies and government stakeholders can build strong capacity for training and development in the area of anti-corruption.
2.3 Develop partnerships between Government, civil society and schools in the public and private systems to undertake awareness-raising programmes around corruption and anti-corruption, and in support of the relevant sections of the school curriculum. These could include drama and music events, and other creative interventions.	Awareness-raising about corruption and discussions of ethical practice in a range of settings are a part of the school curriculum. Interventions are needed to bring some of the issues raised in the curriculum to life for learners and to expand the discussion to support specific anti-corruption campaigns being implemented under the National Anti-Corruption Strategy.
2.4 Sectoral input into strengthened whistle-blower protection: government, business and civil society to develop guidelines and procedures for how organisations in their sectors can support and promote whistle-blowing, and the development of guidelines for coordinating information collected from reporting hotlines.	Guidelines are needed for developing systems to ensure that whistle-blowers can report anonymously to the extent possible, that their identities and the information they provide are recorded, stored and used in such a way that this does not unnecessarily increase the risk of harm to the whistle-blower.

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Pillar 3

Improve transparency (by government, business and civil society sectors)

The Constitution includes various clauses requiring transparency in the operations of government departments and elected representatives. Government accountability is substantially enabled by transparency in decision-making and the management of public resources. This is a key theme of the National Development Plan.

Furthermore, the business and civil society sectors also have a duty to ensure appropriate transparency to
other citizens affected by business activity, to donors, beneficiaries and other groups affected by civil society activity.

Strategic programmes under pillar 3:

Strategic Programme	Rationale
3.1 Develop and implement awareness-raising campaigns and training interventions on legislation that give concrete effect to transparency, with a focus on the Promotion of Access to Information Act and the Promotion of Administrative Justice Act, in partnership with civil society and media.	The Promotion of Access to Information Act gives greater legal effect to provisions in the Constitution and the Bill of Rights providing for access to information in the public and private sectors. The Promotion of Administrative Justice Act states that members of the public have the right to administrative action by the State that is lawful, reasonable and procedurally fair, and to be provided with reasons in circumstances where one’s rights are adversely affected by administrative action. The National Development Plan has highlighted the need to give greater effect to these Acts by government departments and agencies.
3.2 Improve systems for record-keeping in organs of state to support oversight of government activity and the implementation of the Promotion of Access to Information Act and the Promotion of Administrative Justice Act in particular, through: • The development of appropriate professional record-keeping standards across all spheres of Government. • Providing effective training for record managers and archivists. • Making available small grants for application by government departments and municipalities in developing appropriate record-keeping systems. • Providing technical support by government for this purpose.	The state of record-keeping in a number of government departments and municipalities is poor. This creates room for corruption by reducing the State’s ability to identify and prosecute cases of corruption. Further, poor record-keeping makes it difficult or time-consuming for departments to comply with requests for information under the Promotion of Access to Information Act and Promotion of Administrative Justice Act.
3.3 Improve the availability and quality of government data relevant to corruption and anti-corruption efforts through: • The development of standardised guidelines and other mechanisms for recording and reporting on corruption-related investigations and prosecutions for various sectors. • Allocating responsibility to a government body to collect, analyse and report on data relevant to corruption and anti-corruption efforts. • Mapping and researching the potential future areas of risk for corruption.	Data on investigations and convictions of cases involving corruption are inconsistently reported by government agencies, and data on compliance with regulations relevant to corruption is inconsistently collected and reported by public sector departments. Further, this data is not properly consolidated. Improving the collection and reporting of these kinds of statistics in government is important for monitoring anti-corruption work, and identifying areas of potential and current risk for corruption.
3.4 Establish appropriate instruments and mechanisms to provide for information on beneficial ownership through: • Amendments to or development of legislation. • Appropriate systems to capture and report on beneficial ownership. • Information and awareness-raising campaigns on the nature of beneficial ownership and the purpose of transparency in this area, in partnership with civil society and media.	At the Open Government Partnership Africa Regional Meeting in Cape Town in May 2016, the South African Government announced an action plan that includes commitments to collecting information on beneficial ownership of all companies in the country and making this publicly available. This will require amendment to existing legislation or the development of new legislation, and the development of supporting regulations and institutions.
3.5 Establish mechanisms for improving transparency of governance in civil society organisations and private sector firms, in partnership with these sectors, for example through: • The development of guidelines for information to be provided to the public. • Awareness-raising campaigns and dialogues on transparency. • Other mechanisms.	While some organisations in civil society and the business sector have taken the lead in ensuring their processes are transparent and accountable to their stakeholders, there is still a need to improve the transparency of operations of some civil society organisations and private sector firms, and to improve reporting on how organisations are tackling corruption in their own organisations. The draft King IV outlines proposals for promoting good corporate governance in all sectors – including proposals for improved transparency.
3.6 Develop mechanisms to improve business sector compliance with reporting requirements on corruption as outlined in the Prevention and Combating of Corrupt Activities Act, through mechanisms such as: • Awareness-raising campaigns. • The development of guidelines regarding how and what to report.	Regulations on reporting corrupt activity in the business sector by businesses is written into law, but compliance with these provisions is not what it should be, in part due to the stigma attached to admitting control and governance failures.

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Pillar 4

Improve the integrity of the public procurement system

The Medium Term Strategic Framework and the National Development Plan include strengthening oversight of the public procurement system as a strategy for reducing corruption. The interface between public and private sectors in the procurement process is where a good deal of corrupt activity takes place. Supporting improved oversight of compliance by elected officials, public sector employees and the business sector with regulations and codes intended to ensure accountability in the use of public resources is vital to reducing corruption and ensuring that public monies are spent on development and service delivery. The Office of the Chief Procurement Officer was established to support a more transparent, fair and effective public procurement system. Important reforms of the procurement system are undertaken and led by this
office, which should be supported by the National Anti-Corruption Strategy.

Strategic programmes under pillar 4:

Strategic Programme	Rationale
4.1 Improvements in publicly available data on state procurement in organs of state that enable citizens, civil society and concerned business to monitor the integrity of the public procurement system. This programme should include a major focus on ensuring the availability of such data on procurement by state-owned entities.	Developing consolidated publicly available data on state procurement could aid in building greater transparency and accountability of the government and business sectors in the country.
4.2 Undertake annual forensic reviews of a small sample of procuring entities and large procurement contracts across all levels of Government. The sample method should vary depending on the sphere of Government. For example: • In local government, a small random sample of municipalities could be identified annually. • In the case of state-owned entities, a random sample of contracts above a certain value could be identified. These investigations would need to be followed up with appropriate criminal or disciplinary action.	Interventions are needed to create a higher level of risk of detection of corrupt activity by improved enforcement of relevant legislation around procurement; and to improve consequence management for transgressions of law regulating procurement.
4.3 Develop and implement education and awareness campaigns to improve business, civil society and media oversight of procurement, including: • Organised business partnering with Government to undertake training for firms, civil society and media regarding the procurement process (how the process works, where to find relevant information on tenders, where to report suspected cases of corruption, etc.). • The development of a supporting handbook on how procurement is regulated could be developed. Such material has already been developed in some sectors, by organised business, the Ethics Institute of South Africa and others. These could be updated and more widely distributed.	Civil society, organised business and media can support improved monitoring of the public procurement system. Organisations that are trained on the nature of the reforms to the procurement system and the compliance expected from government institutions and private sector companies in contracting with the state can assist Government in providing pressure for compliance

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Pillar 5

Professionalisation (of public service employees)

Professionalisation of the public sector is a key theme of the National Development Plan, as outlined in Chapter 13, and is not only included in the chapter on combating corruption but also an outcome of the Medium Term Strategic Framework 2014 2019. A professionalised public sector is one in which its employees see their commitment first and foremost to the citizens of the country and to implementing policy in the service of social and economic transformation, and not to private or party interests where these deviate from formal policy. Further, it incorporates a vision of a public sector in which employees have the necessary skills and experience to undertake their work.

Professionalisation requires an approach to training and recruiting civil servants that can help shape a sense of commitment to serving the public. Initiatives to support the process of professionalisation are already undertaken by the Department of Public Service and Administration, the National School of Government, the South African Local Government Association, and others. Further stakeholders in this process include other training bodies and professional associations.

The development of a well-skilled public service features prominently in comparative political science literature as a key feature of less corrupt societies, and strengthening this in South Africa will require dedicated resources and attention and should obtain prominence in the national discourse on corruption. Human resources, supply chain management and nance should be particularly targeted under this strategic pillar. An improved human resource function is vital for ensuring better consequence management and discipline for non-compliance in departments, for supporting training and improved recruitment in the public sector. Improved financial management and supply chain management is vital to ensure more efficient use of public resources and to reduce the room for corrupt activity in public procurement. Other occupational groups that require interventions relate to the professions that detect and investigate unethical or corrupt behaviour such as internal audit and forensic investigations.

Strategic programmes under pillar 5:

Strategic Programme	Rationale
5.1 Develop core curriculum for supply chain management, nance and human resources; to be developed by the National School of Government, in partnership with senior practitioners in these occupations in the public sector, relevant professional associations and universities. The curriculum should be carefully developed to support practical training that reflects the working environment of public sector employees.	The development of core curricula for these occupations can support improved and standardised training, support the development of standardised criteria for appointing personnel in these occupations and develop a community of practitioners in these occupations.
5.2 Develop a cohort of expert trainers and lecturers in the National School of Government, provincial academies and training for local government. This cohort should include trainers who have had lengthy periods of experience at a senior level in the public service.	Training to support professionalisation should ideally take the form of specialised, long-term cohort training, to develop strong skills and to develop a shared ethos.
5.3 Phased-in examinations and training requirements for staff at Senior Management Service level in supply chain management, nance and human resources. Entrance exams for positions in the Senior Management Service or another appropriate level in these occupations could be phased in over a period of time, beginning with knowledge testing of relevant legislation and codes, then moving slowly towards standardised competency-based examinations as training institutions and courses for public servants mature.	Entrance examinations and training requirements, if appropriately phased in, can improve the skills levels of personnel in these positions and the status of these occupations in the public sector.
5.4 Develop or strengthen professional associations to support the professionalisation of supply chain management, nance and human resources in the public sector.	In a number of professions, registration with a professional association or body is standard. The professional associations (for example the South African Institute of Chartered Accountants) accredit members of a profession, often through requiring of applicants a minimum level of qualification or requiring that applicants pass a standardised examination. Through partnering with existing professional bodies, these forms of accreditation could be built up over time and should include members signing a code of conduct for accredited entry into the profession.
5.5 Develop a graduate recruitment programme for supply chain management, nance and human resources, which includes a central strategy for providing training, mentoring and support throughout the first years on the scheme, as called for in the National Development Plan.	The National Development Plan proposes the development of a graduate recruitment programme. This could assist in developing a community of support and practice among graduates in these occupations and in improving the recruitment of skilled graduates into the public sector in these occupations.

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Pillar 6

Improve adherence to integrity management and anti-corruption mechanisms and improved consequence management for non-compliance

A range of laws in South Africa require organisations in Government and business to implement mechanisms aimed at reducing corruption and supporting integrity management in their organisations. For example, in the case of the business sector and state-owned entities, the Prevention and Combating of Corrupt Activities Act outlines reporting requirements on corruption, and the Companies Act requires companies to establish Social and Ethics Committees which are to oversee, among other things, the development of anti-corruption
compliance mechanisms to reduce companies’ exposure to bribery and other corruption-related risks.

The diagnostics developed in preparation for this strategy showed that compliance with these regulations is still too low. In the government sector, clear regulations, policy guidelines and codes of conduct have been developed to support integrity management, including the Financial Disclosure Framework, guidelines around reporting on suspected cases of corruption, on investigations within departments, etc. However, Public Service Commission and Auditor-General reports and the findings of the Accountant-General have noted the low levels of appropriate sanction applied to employees and members of the executive in Government who do not adhere to these codes and regulations, and those suspected of illegal activity.

Efforts are needed to ensure greater compliance and consequence management in organisations in the government and business sectors through both enforcement and preventative measures.

Strategic programmes under pillar 6:

Strategic Programme	Rationale
6.1 Develop regulations and guidelines to support the implementation of the Public Administration Management Act, Act 11 of 2014 in the public service and municipalities.	The Act establishes a Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit in the DPSA; regulates public servants conducting business with the State; provides for the establishment of the National School of Government; provides for the Minister of Public Service and Administration to set minimum norms and standards for public administration; and establishes an Office of Standards and Compliance to ensure compliance with minimum norms and standards.
6.2 Develop supporting guidelines and training for the implementation of the Local Government Anti-Corruption Strategy.	The Local Government Anti-Corruption Strategy was launched this year, and outlines specific programmes for reducing corruption and improving accountability in local government.
6.3 Investigate and institute appropriate disciplinary procedures against non-compliance by an appropriately placed and capacitated unit in Government, such as the Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit in the Department of Public Service and Administration (established by the Public Administration Management Act). This newly created unit, or another appropriately placed body, should be given the mandate to ensure that disciplinary action is taken against employees found guilty of offences, and that where there is reasonable suspicion of illegal activity this is handed over to law enforcement. Further, it should be provided with the resourcing to undertake this work effectively.	Auditor-General and Accountant-General findings regarding cases of possible or actual corruption and non-compliance with regulations and codes governing public sector employees’ conduct are not being sufficiently acted upon by Accounting Officers and Executive Authorities in Government, nor are the recommendations of the Public Service Commission being acted on with regard to conflicts of interest as disclosed in Financial Disclosure forms.
6.4 Implement training for ethics officers and personnel responsible for detecting and reporting on corruption in government departments and municipalities. The training should be practical in content: helping personnel deal with the situations they are likely to face in the workplace.	Training is needed in the area of enforcement and integrity management in government departments and municipalities. Personnel assigned to relevant posts in government organisations often do not have specialised training to support them in helping to prevent, detect and act on possible cases of corruption.
6.5 Strengthen government employee wellness programmes in the area of personal financial management, through improved training, awareness raising and debt counselling services.	The level of indebtedness of some public servants and the risk that this might see employees more likely to engage in theft or other forms of financial misconduct requires amelioration through improved training and counselling support on managing personal finances.
6.6 Implement awareness-raising programmes on the anti-corruption requirements for private firms and state-owned entities contained in the Companies Act, the Prevention and Combating of Corrupt Activities Act and other relevant pieces of legislation, in partnership with organised business and professional associations.	The anti-corruption compliance requirements for firms are not widely known in the business sector.
6.7 Develop guidelines to support compliance with anti-corruption legislation by private companies and SOEs. These guidelines could be developed through a partnership between government and organised business.	The regulations of the Companies Act do not specify in detail what kinds of anti-corruption compliance measures should be undertaken by firms.
6.8 Develop an anti-corruption compliance culture in private companies and state-owned entities through the development of a new offence, i.e. failure by a commercial organisation to prevent bribery and possibly other forms of corruption, which requires companies to proactively put measures in place to manage the risk of corruption and to ensure that they have a defence against the offence of failure to prevent bribery and other forms of corruption.	Some companies have been very proactive in putting in place mechanisms to reduce their exposure to bribery and other forms of corruption in South Africa and other countries. However, companies face a reputational risk for reporting on corruption, and putting in place anti-corruption compliance measures can be seen as yet another compliance burden or cost. Awareness-raising campaigns are not sufficient: an appropriate set of pressures or incentives is needed to improve reporting on bribery and to improve compliance with anti-corruption regulations by companies. There are successful international models that South Africa can draw from. The United Kingdom, for example, has created a corporate offence known as “the failure by a commercial organisation to prevent bribery”. This obliges companies associated with the United Kingdom to proactively put measures in place to manage the bribery risk to ensure that they have a defence against this new “corporate offence”. The United Kingdom Government has also issued very clear guidelines to corporates about what they regard as “adequate procedures” to prevent bribery, which, if properly put in place, will constitute a defence against a charge of failing to prevent bribery. The UK Regulator utilises deferred prosecution agreements as an incentive for companies to enter negotiations where bribery violations are alleged. Where very clear evidence of corruption is obtained, law enforcement still investigates and can prosecute criminal activity. These initiatives are having a dramatic effect on multinational private sector companies.

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Pillar 7

Strengthen oversight mechanisms (in the government sector)

The Constitution of the Republic of South Africa established a number of oversight bodies with relevance to anti-corruption efforts. These include the Public Protector, the Auditor-General, and the Public Service Commission. The national and provincial parliaments (legislatures), and the local government councils are to provide general oversight over the activities of government departments and agencies. In addition, bodies have been established in legislation to provide oversight of particular sectors, such as policing and the intelligence services. The integrity and effectiveness of these bodies is centrally important in the fight against corruption.

Strategic programmes under pillar 7:

Strategic Programme	Rationale
7.1 Ensure appropriate resourcing and ethical leadership of Chapter 9 and 10 Constitutional oversight bodies, and of oversight bodies of the police and intelligence services so as to build public confidence in their oversight role and strengthen their effectiveness.	These oversight bodies should be appropriately resourced and independent of pressure from the executive or other sectors to play their role in acting against abuses of power and other forms of corruption.
7.2 Develop and implement public awareness-raising campaigns about the role and importance of Chapter 9 and 10 oversight bodies in strengthening democracy and improving government accountability.	These bodies are vitally important in ensuring improved government accountability and require the active support of members of the public.
7.3 Initiate public conversation about the role and mandate of the Public Service Commission in strengthening democracy, improving oversight of government employees and building a professional public sector, and develop proposals for how to strengthen the authority of the Commission’s recommendations in line with recommendations made in the National Development Plan.	Over the last 20 years, the Public Service Commission has played a valuable role in monitoring the conduct of public servants and members of the executive. However, the Commission does not have the mandate to ensure compliance by departments and politicians with its findings. A public debate on the possible strengthened role of the Commission would be valuable.
7.4 Improve the capacity of municipal oversight functions through: • Training interventions for councillors and municipal managers. • Training for civil society organisations to play a stronger role in public participation processes. • National and regional dialogues on the nature and purpose of accountability and oversight mechanism in local government.	At local government level, structures established to improve oversight of municipal decision-making and spending, such as the Municipal Public Accounts Committees, are not working as effectively as they should.

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Pillar 8

Strengthen the resourcing, co-operation and independence of dedicated anti-corruption agencies

South Africa follows a multi-agency approach to combating corruption: it does not have one entity solely focused on enforcement and anti-corruption measures. Irrespective of whether countries follow a single or multi-agency model, those that have been successful in reducing corruption have demonstrated a number of important characteristics.

South Africa must ensure that its anti-corruption system demonstrates the following characteristics:
• Independence from the executive, and from sectoral interests.
• Accountability, through civilian and/or parliamentary oversight.
• A transparent process for appointing leaders and senior managers on the basis of their integrity, competency and skills.
• Job security through fair and transparency processes for dismissing staff.
• Adequate resources in the form of budget and infrastructure.
• Appropriately skilled staff that are specialised and have been appropriately trained.

Strategic programmes under pillar 8:

Strategic Programme	Rationale
8.1 Ensure the structural and operational independence of key agencies involved in investigating and prosecuting corruption (currently the Directorate for Priority Crime Investigation; the Special Investigating Unit; and the National Prosecuting Authority) through: • Improving the transparency and rigour of the processes for selecting and dismissing senior leaders in these organisations. • Ensuring oversight of these agencies work through direct reporting to parliament or some civil oversight body.	Further efforts are required in South Africa to build the independence of the criminal justice agencies to support anti-corruption work especially in pursuing senior politicians, government officials, business people and other leaders, and building public confidence in government’s commitment to reducing corruption. The National Development Plan highlights the importance of insulating criminal justice agencies from political pressure.
8.2 Review and improve the design of a coordinating body for anti-corruption work, ensuring that the body has: • sufficient legal stature • is appropriately structured • is appropriately resourced to be effective in coordinating anti-corruption detection, investigation and prosecution. This should include improved mechanisms for supporting: • Prosecution-guided investigations, and for • Tracking cases of corruption in government where relevant parties are not criminally charged, but where disciplinary action is recommended by the investigating unit, i.e. monitoring consequence management of such cases by organisations in government.	There is a need for improved coordination between the various criminal justice agencies (and others in government tasked with combating corruption) in South Africa.
8.3 Undertake capacity building, including training, for improved enforcement, among others: • Improved systems for capturing and analysing intelligence and data on reported or suspected cases of corruption in support of investigations, risk assessments, etc • Training for investigators on building successful cases under the Prevention and Combating of Corrupt Activities Act • Training on dealing with sophisticated forms of financial crime and cybercrime.	The Prevention and Combating of Corrupt Activities Act has thus far rarely been used to prosecute cases of corruption. Police are more likely to use legislation pertaining to fraud and other financial crimes than this Act. Training on building cases under the Act could assist with improving prosecution rates.
8.4 Improve bilateral cooperation with other countries in the fight against corruption (and financial crimes in particular) ensuring mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to corruption.	The challenges with data on corruption and anti-corruption have already been mentioned.
8.5 Strengthen engagement between South Africa and the relevant international custodians of the agreements to which South Africa is a signatory.	South Africa is a signatory to a number of international conventions and treaties that commit the country to implementing particular interventions aimed at reducing corruption. Improved mechanisms are needed to increase the country’s compliance with the various conventions and agreements, improve cooperation between South Africa and other countries in the fight against corruption, especially financial crimes, and to strengthen engagement with the relevant international custodians of these agreements.

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Pillar 9

Vulnerable sector management: build specific programmes to reduce corruption and improve integrity in sectors particularly vulnerable to corruption

Certain services or sectors are more vulnerable to corruption than others. The World Bank and the Group of 20 support and have internationally prioritised a number of industry sectors in which governments and businesses play important roles for prioritised focus regarding anti-corruption measures. In many countries, these sectors include those services in which public sector personnel have a great deal of power over the fate of members of the public such as policing, immigration and border control, correctional services, social services, the allocation of licences or certificates, e.g. mining or environmental exploration/exploitation, or areas that are of national or strategic interest to the development or economic stability of that country, e.g. energy provision or infrastructure development. Improving the integrity of these sectors in an integrated manner must therefore be an important component of the National Anti-Corruption Strategy.

In line with current government programmes, the emphasis on specific attention to vulnerable sectors already exists. In keeping with this approach it is proposed that the sectors in the Justice, Crime Prevention and Security Cluster are prioritised first under this strategic pillar, particularly policing, immigration and border control, and correctional services.

Personnel in these sectors are in close proximity to crime networks, and in South Africa, there are a number of additional context-specific and historical factors that have shaped the Justice, Crime Prevention and Security Cluster’s vulnerability to corruption. While these services are particularly vulnerable to corruption, they are also vital to the fight against corruption.

Strategic programmes under pillar 9:

Strategic Programme	Rationale
9.1 Development of specific industry, sector or departmental anti-corruption strategies for prioritised areas (as applicable). 9.2 Development of appropriately resourced project plans to implement focused, parallel, multi-level interventions to mitigate very specific risks in a sector. 9.3 Centrally monitor and evaluate progress on implementation of these industry/departmental anti-corruption strategies and/or projects within a sector.	Dedicated industry, sector or department-specific anti-corruption strategies are needed to guide and improve anti-corruption efforts in prioritised areas, currently in particular in the Justice, Crime Prevention and Security cluster. These should include: • Each of the departments under a specific sector/industry developing (or reviewing, where these have been developed) detailed and appropriately costed anti-corruption strategies and projects. • These should allocate time-frames and roles as well as responsibilities for implementation of the various components of the strategy/project (including business sector participation). • The intention is that a strategy should target a period of 510 years, and related projects target periods of 3-5 years until risks in these sectors, industries or departments are significantly reduced or systems regularised. • These should be augmented with and support the regular/institutionalised mechanisms to improve integrity management professionalisation and disciplinary action or initiate investigations against corrupt parties in the prioritised cluster.

Strategic Programme

Rationale

9.1 Development of specific industry, sector or departmental anti-corruption strategies for prioritised areas (as applicable).

9.2 Development of appropriately resourced project plans to implement focused, parallel, multi-level interventions to mitigate very specific risks in a sector.

9.3 Centrally monitor and evaluate progress on implementation of these industry/departmental
anti-corruption strategies and/or projects within a sector.

Dedicated industry, sector or department-specific anti-corruption strategies are needed to guide and improve anti-corruption efforts in prioritised areas, currently in particular in the Justice, Crime Prevention and Security cluster. These should include:
• Each of the departments under a specific sector/industry developing (or reviewing, where these have been developed) detailed and appropriately costed anti-corruption strategies and projects.
• These should allocate time-frames and roles as well as responsibilities for implementation of the various components of the strategy/project (including business sector participation).
• The intention is that a strategy should target a period of 510 years, and related projects target periods of 3-5 years until risks in these sectors, industries or departments are significantly reduced or systems regularised.
• These should be augmented with and support the regular/institutionalised mechanisms to improve integrity management professionalisation and disciplinary action or initiate investigations against corrupt parties in the prioritised cluster.

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