NCJ Number
174900
Journal
Journal of Financial Crime Volume: 4 Issue: 4 Dated: June 1997 Pages: 364-372
Date Published
1997
Length
9 pages
Annotation
After reviewing the scope and prevalence of public corruption in South Africa, this paper discusses the institutions, legislation, and mechanisms in place to control corruption in that country.
Abstract
During the apartheid era, South Africa provided an environment that was structurally conducive to corruption, as government institutions operated in secrecy, providing an effective shield for corruption and dishonesty in political and economic life. This background, combined with increasing economic opportunities under the new democratic regime, has contributed to the expansion of corrupt activities in South Africa today. Under South African law, to bribe or to accept a bribe is an offense under the Corruption Act; for all intents and purposes, corruption and bribery are the same in South Africa. An independent judiciary and efficient criminal justice system are regarded as the primary agents for controlling corruption. Steps to improve the detection and prosecution of corruption include the establishment of anti-corruption units within the South African Police Services, special training sessions for both management and line functionaries in the handling of misconduct, and requests that prosecutors and magistrates expedite the processing of criminal charges against state officials. Given the difficulty of detecting corruption, considerable resources must be devoted to its investigation and to techniques that are effective in uncovering it. The South African Parliament has established a parliamentary code of ethics. For the code to have any effect, it must be clear that it is compulsory rather than advisory and that the code will be strictly enforced with dismissal or suspension. In order to address corruption effectively, multidisciplinary, comprehensive policy strategies that draw on a range of resources are essential. Although South Africa is progressive in its legislative developments to counter corruption, this must be accompanied by an analysis and correction of the conditions in which corruption thrives. 63 references