On Thursday 5 June 2014 Judge Fritz Brand, of the Supreme Court of Appeal, addressed the Symposium on Corruption in the Public Sector, which was hosted by the University of the Free State (UFS).
The event was held under the auspices of the university’s law faculty, and according to the university, it arose from the National Planning Commission’s emphasis on the strengthening of accountability and fighting corruption in South Africa. This was identified as a priority and a critical action area in the National Development Plan.
South Africa’s public protector, Thuli Madonsela, was the keynote speaker and the opening address was delivered by Prof Jonathan Jansen, vice-chancellor and rector of the university.
Brand is also an extraordinary professor in the UFS law faculty. His speech focused on the role of South Africa’s courts in the fight against corruption. Brand spoke of the application of the Prevention and Combating of Corrupt Activities Act of 2004, of the court's powers in the setting aside of executive decisions, of cases reviewed by the court, of the Allpay case against the South African Social Security Agency, and of tender corruption.
“The role played by the courts in civil matters shows that safeguarding the public from corrupt activities extends the court beyond clear cases of blatant corruption," Brand said. "It fulfils its function also simply by enforcing procedural safeguards. This is the forum in which the courts, arguably, have most room for flexibility and influence over the prevention of corruption in our country.”
Download his speech as a PDF.