Professional Documents
Culture Documents
Vertical Accountability……………………………………………………....…14
External Accountability……………………………………………………..…..15
Conclusion………………………………………………………………………16
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Plagiarism Declaration
Name: KD Maxwell
I did not make use of another student’s previous work and submitted it
as my own.
I did not allow and will not allow anyone to copy my work with the
intention of presenting it as his or her own work.
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This paper will discuss and identify primary mechanisms that can be
utilized to combat corruption. It will examine National and regional and
international measures established by various organs to combat and
eradicate the cancer of corruption. It will look at successful cases of
corrupt businessmen and public officials charged with corruption. At the
end it will look at how vertical accountability can be put into action,
through citizen’s initiatives to check and balance the activities of
governments and its officials.
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“Our hope for the future depends on our resolution as a nation in dealing
with the scourge of corruption. Success will require an acceptance that,
in many respects, we are a sick society. It is perfectly correct to assert
that all this was spawned by apartheid. No amount of self-induced
amnesia will change the reality of history. But it is also a reality of the
present that among the new cadres in various levels of government you
will find individuals who are as corrupt as – if not more than – those they
found in government. When a leader in a provincial legislation siphons
off resources meant to fund service by legislators to the people; when
employees of a government institution set up to help empower those
who were excluded by apartheid defraud it for their own enrichment,
then we must admit that we have a sick society. This problem manifests
itself in all areas of life”1
1
http://www.mandela.gov.za/mandela_speeches/1999/990205_sona.htm
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National Anti- Corruption Measures
The office of the public protector has had many successes in its
investigations into impropriety, unethical conduct, and abuse of power,
2
http://www.pprotect.org/
3
http://www.pprotect.org/about_us/Vision_mission.asp
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mal administration, systemic corporate governance deficiencies,
irregular appointments, improper prejudices and lack of service delivery.
4
On the 19th March 2014, the public protector published a report titled
“Secure in Comfort” is an investigation conducted into allegations of
impropriety and unethical conduct relating to the installation and
implementation of security and related measures at the private
residence of the President of the Republic of South Africa, His
Excellency J G Zuma, at Nkandla in the KwaZulu-Natal Province 5 at a
cost of R246 million..
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§ It is clearly evident that the public protector’s office has been
successful especially with investigations into the President’s
private residence. It is rare in Africa to find the head of state being
investigated for misappropriation of funds.
Under this act, duty has been placed on certain persons entrusted with
positions of responsibilities and authority to report corrupt acts.
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Apart from this general offence of corruption, PACCA goes further
and sets out offences of corruption relating to specific persons (these
include public officers, public officials, members of the legislative
authority, judicial officers, etc.). “
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§ The Director-General or equivalent officer of a national or
provincial department
§ A municipal manager of a municipality
§ Any public officer in the senior management service of a public
body
§ Any head, rector or principal of a tertiary institution
§ The manager, company secretary or a director of a company
§ A member of a close corporation
§ The executive manager of any bank or other financial
institution
§ Any partner in a partnership
§ Chief executive officers
§ Any other person who is responsible for the overall
management and control of the business of an employer
It should be noted that any person who has been appointed to the
aforementioned positions in acting or temporary capacities are also
regarded as persons who hold positions of authority.
South Africans still bemoan the rising levels of corruption in spite of all
these measures put in place. But it may be the only country with well
entrenched independent institutions that can investigate, prosecute and
recommend prosecution against corrupt individuals. Unlike most parts of
Africa where business persons and government leaders engage in
chronic corruption without any one holding them to account. Top
business people have been charged, top government officials have also
been charged publicly for engaging in corrupt deals. PACCA has been
and can be an effective mechanism to combat corruption especially with
the above clause that binds certain individuals to report corrupt dealings.
In August 2010 the former head of the South African Police Service and
Interpol president, Jackie Selebi, was convicted on one count of
corruption. Jackie Selebi was sentenced to 15 years in jail for corruption
10
10
http://www.theguardian.com/world/2010/aug/03/jackie-selebi-south-africa-corruption-sentence
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In June 2005, Schabir Shaik a South African businessman who was
found guilty of corruption , fraud, alternatively theft, alternatively
contravening the Companies Act, Corruption, alternatively money
laundering, alternatively contravening the Prevention of Organised
Crime Act, Contravening the Income Tax Act he was sentenced to 15
years in prison but he is out on medical parole11.
(UNCAC) was ratified by South Africa in 2004 and came into force in
2005. South Africa is one of 168 parties to the convention, which means
that it accepts the terms of the convention and is legally bound by its
provisions. Under UNCAC, South Africa is also obliged to help other
parties to prevent and fight corruption by providing technical assistance
if necessary.
11
http://www.armsdeal-vpo.co.za/special_items/schabir_shaik_trial/shabir_shaik.html
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Some of the key features of the UNCAC are the requirements to take
steps to:
§ Prevent corruption;
§ Criminalise corruption;
§ Co-operate with other countries in the fight against corruption; and
§ Recover assets.
12
http://www.corruptionwatch.org.za/content/corruption-and-law-south-africa-part-one
13
http://www.corruptionwatch.org.za/content/corruption-and-law-south-africa-part-one
14
http://www.business-anti-corruption.com/about/about-corruption/african-union-convention-on-
preventing-and-combating-corruption.aspx
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Majority of African states have ratified the African Union Convention on
Preventing and Combating Corruption.
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their countries after raising the alarm on corrupt activities. One example
is the John Githongo, a Kenyan journalist, activist, politician, and public
servant, who fled the country in 2005 after exposing grand corruption
involving political decision makers in Kenya.
South Africa is a non-member country of the OECD, but since 2007 has
been a party. It has a working relationship with the OECD organisation
and has adopted this convention 16
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Institutional arrangements for the implementation of this Protocol
have been outlined within the document18
Dealing with corruption harshly does work. But in other instances raising
awareness and educating the society, the youth, the women and
children can be critical in helping shape the values of the people.
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officer who extorts payments from small traders and enterprise:
These acts potentially kill, ruin small enterprises, and deprive
people of their human rights to health, education and security.
Oversight
20
http://www.premiumtimesng.com/news/157140-corruption-blown-proportion-nigeria-jonathan.html
21
http://www.parliamentarystrengthening.org/corruptionmodule/pdf/corruptionunit3.pdf
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Taking all of these components to corruption prevention a step further is
the
Vertical Accountability.
The site lays emphasis on the various kinds of Retail Corruption. This is
kind of corruption that confronts ordinary citizens in their daily lives when
they're not able to avail of services they are legitimately entitled to from
the government – getting a driver’s license, a birth certificate, registering
a purchase of property. www.ipaidabribe.com
1. I PAID A BRIBE- Did you pay a bribe to get your work done at a
government office? Tell us why you paid a bribe, to whom you paid a
bribe and when you paid. We will share your report with the media,
Central Vigilance Commission and take action based on your report.
2. I AM A BRIBE FIGHTER- Did you say 'No' when you were asked for
a bribe? Tell us your story. We would like to honour and celebrate you
for standing up against corruption. We will share your story with millions
of people around the world and inspire them to take a stand
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3. I MET AN HONEST OFFICIAL- Did you meet the good guys in the
system? Tell us about these honest officers who did their job without
asking for a bribe or taking a bribe. We will celebrate these officers so
that they can inspire other officers like them to not take a bribe 22
External Accountability
Conclusion
The fight against corruption can be won without a doubt. It will not be an
automatic ride, mechanisms must be enforced and tougher laws
enforced by national, regional and international bodies. As in the case of
the Public protectors office in South Africa where success has been
registered in the fight against corruption. There are some key
requirements we can point to, that make their work easier. Autonomy in
appointments, security of tenure and capacity to enforce, cooperation
and mutual trust between the people, and watch dogs such as the
media. We have also identified how public awareness through education
on corruption can entrench ethical values in the people to make them
stand for what is right and reject what is morally wrong. Initiatives such
as I-Paid-A-Bribe in India can be effective in exposing corrupt deals,
standing firm against corruption, basically saying no to corrupt officials
and rewarding honest public officials who execute their responsibilities
with honesty and integrity.
22
- http://www.ipaidabribe.com/add-report?report_type=paid_bribe_type#gsc.tab=0
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References
1. http://www.mandela.gov.za/mandela_speeches/1999/990205_son
a.htm. http://www.pprotect.org/
2. http://www.pprotect.org/about_us/Vision_mission.asp
http://www.pprotect.org/library/investigation_report/investigation_re
port.asp
3. http://www.pprotect.org/library/investigation_report/2013-
14/Final%20Report%2019%20March%202014%20.pdf
4. Findings 10.1.1. -
http://www.pprotect.org/library/investigation_report/2013-
5. http://www.pprotect.org/library/investigation_report/investigation_re
port.asp .- Findings 10.1.2
6. http://www.pprotect.org/library/investigation_report/investigation_re
port.asp -findings 10.2.1
7. http://www.nacf.org.za/guide-prevention-combating-corrupt-
activities/reporting_corruption.html
8. http://www.theguardian.com/world/2010/aug/03/jackie-selebi-
south-africa-corruption-sentence
9. http://www.armsdeal-
vpo.co.za/special_items/schabir_shaik_trial/shabir_shaik.html
10. http://www.corruptionwatch.org.za/content/corruption-and-
law-south-africa-part-one
11. http://www.corruptionwatch.org.za/content/corruption-and-
law-south-africa-part-one
12. http://www.business-anti-corruption.com/about/about-
corruption/african-union-convention-on-preventing-and-combating-
corruption.aspx
13. http://archive.transparency.org/global_priorities/international_
conventions/conventions_instruments/au_convention#sthash.OeW
oiiMY.dpuf
14. http://www.corruptionwatch.org.za/content/corruption-and-
law-south-africa-part-one
15. http://www.corruptionwatch.org.za/content/corruption-and-
law-south-africa-part-one
16. http://www.sadc.int/documents-publications/show/
17. http://www.premiumtimesng.com/news/157140-corruption-
blown-proportion-nigeria-jonathan.html
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18. http://www.premiumtimesng.com/news/157140-corruption-
blown-proportion-nigeria-jonathan.html
19.
http://www.parliamentarystrengthening.org/corruptionmodule/pdf/c
orruptionunit3.pdf
- http://www.ipaidabribe.com/add-
report?report_type=paid_bribe_type#gsc.tab=0
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Bibliography
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12. The African Union Convention on Preventing and Combating
Corruption, VIEWED 20TH MAY 2014, http://www.business-anti-
corruption.com/about/about-corruption/african-union-convention-
on-preventing-and-combating-corruption.aspx
13. The African Union Convention on Preventing and Combating
Corruption , viewed 19th may 2014,
http://archive.transparency.org/global_priorities/international_conv
entions/conventions_instruments/au_convention
14. Corruption and the law in South Africa - part two, viewed 19th
May 2014, http://www.corruptionwatch.org.za/content/corruption-
and-law-south-africa-part-two.
15. Corruption and the law in South Africa - part one, Viewed
th
19 May 2014,
http://www.corruptionwatch.org.za/content/corruption-and-law-
south-africa-part-one
16. South African Development Community TOWARDS A
Common Future, viewed 21st May 2014, SARCOF-16 Workshop
Announcement, http://www.sadc.int/documents-
publications/show/SARCOF-16_ANNOUNCEMENT.pdf
17. Corruption blown out of proportion in Nigeria – Jonathan,
viewed 21st May 2014,
http://www.premiumtimesng.com/news/157140-corruption-blown-
proportion-nigeria-jonathan.html.
18. Unit 1: Introduction to Corruption , Viewed 17th May 2014,
http://www.parliamentarystrengthening.org/corruptionmodule/pdf/c
orruptionunit3.pdf
19. http://www.ipaidabribe.com/add-
report?report_type=paid_bribe_type#gsc.tab=0
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