Civil Society Anti-Corruption Report –

The Portfolio Committee On Public Service and Administration

Parliament, 26 March 2003

Prepared by Hennie van Vuuren

1. Introduction

"Civil Society must be educated to regard itself as an equal partner with the public sector institutions, and citizens must jointly take steps to uphold the moral fabric of our society."

- Public Sector Anti-Corruption Conference, 1998

Governments commitment to combating corruption is welcomed and indeed it has become rather commonplace to hear public sector officials, both elected and appointed, take position on what must be done to tackle graft. Public Sector anti-corruption initiatives which are vigorously implemented, with the support of the executive are something not to be taken for granted and should be supported. The private sector in turn, we are told, is also waking up to the role it plays in challenging business as usual – as corporate governance issues increasingly make their way on to the agenda, so too do private sector consulting firms offer research and opinion of what ethical norms of practice are expected from the private sector.

Increasingly, however a passing observer may ask why is it that Civil Society trails in setting the anti-corruption agenda in South Africa – measured at least against government sponsored anti-corruption initiatives. Does this simply reflect a pro-active public sector, has the traditional agenda setting role of Civil Society been usurped by the Public Sector, or are the reasons perhaps more complex. A recently released study by the Centre for Civil Society at the University of Natal indicates that by 1999 South Africa had as many as 98 000 Non-Governmental (NGO) and Community Based Organisations (CBO). What are these organisations doing – or not doing - to tackle corruption in all spheres of governance, including the third sector? This paper will attempt to tackle some of these issues, however they have to be seen within the context of the role that many CSO’s have had to struggle with post-1994: the ability to be critical of injustice while supporting a democratic system of governance which has came to represent freedom from apartheid era tyranny.

How does one confront allies in position of legitimate authority who are involved in corrupt activity without being seen to question the integrity of our fragile democracy– particularly given the sensitivity of some members of the executive to allegations of corruption? CSO’s – as well as the media – are confronted with the dual challenges of promoting necessary dialogue with government (and the private sector) to promote transparency, while having to fulfill the role of a critical partner in that debate. As will be discussed, the National Anti-Corruption Forum (NACF) could prove an important vehicle for promoting dialogue between Civil Society and the Public and Private Sector - necessary if corruption is to be effectively tackled.

This paper will examine some of the activities of organisations which grapple with these issues as well attempt to assess their relative achievements. Furthermore, national sectoral and cross-sectoral anti-corruption initiatives will be highlighted where CSO’s have the potential to play a key role. Corruption has also blighted the reputation of many not for profit organisations and this is briefly addressed. Lastly a set of recommendations are made as to how both CSO’s and the NACF can be made more affective in combating corruption.

  1. What is the potential contribution of CSO’s in fighting corruption?
  2. By its very nature Civil Society is a dynamic force, and is often much more adapt to change than counterparts in the private sector, or public sector bureaucracy for that matter. Although CSO’s often fulfill a myriad of different functions, let us look at four roles which CSO’s have the potential to fill in order to combat corruption:

    1. Promoting Accountability
    2. Civil Society can play both a creative role in promoting democracy by educating and _socialising citizens into a democratic modus operandi which includes for example ethics training, and secondly, by remaining critical and vigilant of the state apparatus lest it abuses its monopoly on power. CSO’s can ensure that a state remains accountable to its citizens, in this way sustaining democracy. No democracy is possible when the institutions of civil society simply act as conveyor belts of the ruling part ideology. Because of their independent and autonomous nature CSO’s can play a role in checking and balancing the power of the state.

       

    3. Blowing the Whistle
    4. One of the more obvious roles which civil society actors can play in fighting corruption includes a critical monitoring "watchdog role" to promote public sector accountability and service delivery. The media are particularly well placed as an organ of civil society to do this. CSO’s may also choose to "expose" corrupt practice by either the public or private sector (or a combination of both) by working closely with the media to ensure that ‘the story is told’.

    5. Promoting Service Delivery
    6. In terms of promoting service delivery, the international research community as part of civil society has played a crucial role in fighting corruption in this area. Service Delivery Surveys (SDS) which monitor consumer satisfaction with basic services such as housing, healthcare, transport, water have been conducted in a number of countries to monitor the nature and extent of corrupt practices which occur within these systems.

    7. Sharing resources in the fight against corruption

    Often civil society has resources and the capacity that the state does not. This resource dependency is drawn from a situation where government relies on specific expertise which a CSO has – often not monetary by nature but rather reflective of their close association with a particular community, understanding of very specific local context or independent research expertise. These are ‘skills’ which the public sector can choose to tap into should it wish to increase its capacity in fighting corruption.

  3. CSO Anti-Corruption activity
  4. South Africa is fortunate to have a number of CSO’s which have as their primary focus, or one of the their top focus areas, that of promoting transparency and accountable governance. It has been suggested that in the past one of the challenges facing these actors is that they often do not know who is doing what and this possibly indicates the need for more active networking amongst these organisations working in the following areas:

    1. Advocacy

3.1.1 The Open Democracy Advice Centre (ODAC)

3.1.2 Transparency South Africa (T-SA)

T-SA has played an important role in bringing together CSO’s concerned with corruption related issues most recently at the February 2002 Civil Society Anti-Corruption Summit . This followed provincial workshops which took place in 2001 and which identified areas in which CSO’s could make a valuable contribution in combating corruption.

The Declaration of this summit has however, been described as a somewhat confused document which submerges many concerns about corruption in a host of other matters such as the anxiety about globalisation, privatisation of essential services, jobless growth, the shortcomings of the financial sector in addressing the real issues of poverty in South Africa, media ownership, gender issues, the arms deal and government spending priorities, etc. This is understandable given that many community-based organisations were involved in the provincial workshops and were represented at the summit. The summit facilitators failed to keep the meeting focused on the issue of corruption.

Nevertheless Section X1 of the declaration "Strategies to Combat Corruption" did set out certain tasks that must be undertaken by the civil society in order to combat corruption. (See Attached Appendix 1). Some of these may have to be reviewed together with the implementing strategy given the fact that it is almost a year since the document was originally drafted.

3.1.3 Public Service Accountability Monitor (PSAM)

3.1.4. The Public Information & Monitoring Services (PIMS)

    1. Research

3.2.1 The Center for the Study of Violence and Reconciliation (CSVR)

 

3.2.2 Institute for Security Studies (ISS)

3.3 Faith based organisations

3.3.1 National Religious Leaders Forum (NRLF)

3.3.2. Moral Regeneration Movement (MRM)

    1. Membership organisations

3.4.1 Trade Unions

3.4.2 South African National NGO Co-alition ( SANGOCO)

3.5 A silent majority of ‘other’ actors?

4. The Media

Perhaps the single biggest source of whistleblowing – the South African media continues to play an important watchdog function - exposing abuse of power by the private and public sector in particular. Often accused of only seeking to sensationalise a story to ensure newspaper sales, South Africa is fortunate to have a largely free press which has – albeit with some difficulty – weathered the allegations of being "unpatriotic" or harbouring a more sinister agenda when tackling the abuse of public office.

A recent survey quoted in the press reveals that Civil Society is responsible (excluding the media) for uncovering 18.4% of corruption in state structures, the official process (government) 60.2% and investigative journalism only 8.4%. Although this is a clear indication of government’s commitment to combating corruption – it should be remembered that although investigative journalists only contribute a small part of the number of reports these are often the ‘politically sensitive’ cases that would otherwise struggle to come to light.

Increasingly also, and perhaps reflective of what is happening on the ground, the press are reporting on "good-governance" related stories. However one gains a sense when engaging sectoral actors such as the Media Institute of South African (MISA) that journalists are often under pressure from both interest groups as well as those who are alleged to be involved in corrupt activity to report the "right angle" – a task which is unlikely to be made easier with the growth of media ‘monopolies’. Another concern raised by commentators is the pressure placed on some journalists regarding reporting on the controversial arms deal. Political pressure is also likely to exacerbate the practice of not following up on stories for which the media is often criticised (i.e. a ‘sensationalist’ style of reporting on allegations of corruption.)

Diversity of representation in the media, both in terms of the gender/race/class make-up of commentators but also in the terms of promoting alternative voices is essential to ensure that the next generation of journalist are well-balanced and informed, as well sufficiently independent to be critical of corrupt practice. In a telephonic interview MISA indicated that it would welcome efforts to build the capacity of journalists to responsibly report on corruption related issues.

  1. Sectoral Initiatives
  2. As previously indicated there have now been two CSO National Anti-Corruption Summits as well as a number of regional workshops organised by TSA in the run-up to the most recent Summit. When viewed somewhat critically it is unclear what these meetings have achieved other than networking. Broad resolutions were accepted at the most recent summit against which deliverables will be difficult to measure. Sectoral initiatives have the potential to be a catalyst for developing a network of CSO’s active in combating corruption, who share both experience and actively co-operate in reaching mutually defined goals. This however requires a level of commitment from CSO’s and a shared vision of clearly defined goals which are to be achieved – a feature which appears to have been lacking in recent discussion. The National Anti-Corruption Forum (NACF) could be key in achieving this aim.

  3. Cross-Sectoral Initiatives
    1. National
    2. When the Minister of Public Service and Administration spelled out her vision for the National Anti-Corruption Forum (NACF) in Langa in June 2001,as not a "fancy talk shop, but rather as a very powerful body...an institution (which) will reflect new ways of organizing networks..." – she could not have realised just how wrong she would have been proven within the first year of this bodies existence. Blame for this should be equally borne – including by Civil Society.

      However, as earlier indicated it was partly through intervention from the National Religious Leaders Forum (NRLF) that the NACF has been reconstituted. One of the issues, which Civil Society – given its size and scope- still needs to grapple with is a mechanism to ensure that civil society representatives on the NACF are accountable to the sector, they represent. At the NACF meeting held on 21st November 2002 it was agreed that the Civil Society would meet before the end of January 2003. This meeting was never called and has as yet not taken place. The responsible person transferred from the civil society sector to business.

      It would no doubt be helpful to facilitate a meeting between key civil society stakeholders including those explicitly involved in combating corruption. This could provide an important network linked to the NACF and thereby both assist in guiding and supporting NACF initiatives.

      Should financial resources be dedicated to an NACF Secretariat it could provide the locus point for involving Civil Society in this process.

    3. Provincial

Civil Society organisations in the Eastern Cape were for a short period of time part of now defunct provincial Network Against Corruption (NAC). This body created in 2000 to "promote clean governance in all organs of state in order to improve service delivery in the Eastern Cape", could provide a model for cross sectoral good practice which involves CS as a partner. Membership was drawn from the following representatives of the legislature: the Presiding Officers, Chairpersons of Committees, Chairpersons of Standing Committees, Head of the Petitions Office as well as representatives of all other stakeholders which have an interest in fighting corruption. Essentially an attempt to involve NGO’s and oversight/anti-corruption bodies (i.e. the SIU, AG etc.) in ensuring that the legislature effectively deals with corruption, the NAC may have been a victim of its short lived success. Nevertheless it provides an interesting model of CSO intervention at a provincial level, which may well require further research to ascertain if this would also prove an effective model for replication at either provincial or at local government level.

6. Mobilising and Monitoring – a challenge for Civil Society

The fall-out from multi-billion dollar South African arms procurement deal has clouded the South African political landscape. Opposition political parties used the opportunity, rather predictably, to make political mileage out of the issue but somewhere in the hoo-hah the voice of Civil Society (other than the media) was lost. With perhaps the exception of a few NGO’s who questioned the morality of massive weapons procurement by a government confronted by few threats and widespread poverty amongst its citizens, the allegations of corruption were never seriously picked up as an issue by Civil Society. This may rather speak of the function, which many civil society functions don’t fill, that of monitoring allegations of corruption. Systemic reform, informed by independent research is an imperative for the public (and private) sector to be successful in fighting corruption. However, when CS monitoring does not take place (with perhaps the exception of the PSAM in the Eastern Cape) a key actor is removed from the frontline of sustained, whistleblowing leaving behind political parties (with their own agenda’s) and the media which often lacks the necessary resources –and grassroots public support - to tackle the issue in a sustained manner.

Civil societys’ lacks cohesion in its approach to corruption is exacerbated by a concern of being seen as overly critical (by government) that seldom leads to any sustained action on the issue. The allocation of resources is central to securing social justice in South Africa – and this alone should be reason enough for the issue of corruption to be one of the major rallying points for CSO’s as is the case in many other countries. Corruption threatens democratic gains, impedes development and further skews the divide between rich and poor. Any social movement does not emerge overnight. However, as the Treatment Action Campaign, through its alliance with COSATU and with a leading personality like Zakkie Achmat at the helm, has shown in its battle with pharmaceutical companies and others - civil society can be a force to be reckoned with.

7. Corrupt as a phenomenon affecting civil society

CSO’s although often performing a watchdog function are often afflicted by corruption from within. This sort of news is less likely to receive much media attention unlike high profile cases involving public sector officials – with some

exceptions such as that of Rev. Allan Boesak who defrauded donor funds provided by the Foundation for Justice and Peace. Generally however, these stories are perceived to be less newsworthy possibly enabling CBO’s to act with less fear of media scrutiny. CSO’s are in part regulated by the requirements of the Non Profit Organisations (NPO) Act as well voluntary codes such as the SANGOCO code of ethics adopted in September 1997.

A suggestion made within SANGOCO is the establishment of a Civil Society Ombudsperson’s office to act as a resource for NGO activists wishing to raise allegations of corruption. CSO’s will never be free of graft and the recent case of a trade Union activist who allegedly fleeced the South African Commercial Catering and Allied Workers Union of R14 million shows – there are rich pickings to be had in the not-for profit sector.

Although there is little indication of what percentage of CSO’s have implemented effective mechanisms to minimise internal corruption (such as an internal reporting structure and mandatory code of ethics) some initial survey work has been completed. According to a survey undertaken by T-SA, the Public Service Commission and KPMG 88% of CSO’s surveyed have a Code of Conduct comparing favourably with the same figure in the Public Sector and 80% in the Private Sector. Nearly three quarters (72%) of CSO’s also indicated that they have a reporting mechanism to protect employees who report ethical or legal violations (the score for the Public and Private sectors is 80% and 71% respectively). This is an indication that many CSO’s have taken measures to increase internal accountability particularly in financial management. The King 2 report has also had a major impact on governance in non-profit organisations.

8. Key CSO Challenges

As discussed earlier a number of key tasks decided upon at the Civil Society Anti-Corruption Summit have not been realised. This may in part reflect a failure by T-SA and SANGOCO for various reasons that perhaps reflect the problems of the non-profit sector in South Africa at the present time. These include:

  1. Recommendations and Conclusion

This paper has attempted to outline the positive impact many civil society organisations have made in combating corruption. This can be measured through their contribution in policy discussions, research expertise, monitoring, awareness raising and assistance in keeping the issue of corruption on the public agenda, despite a host of pressing competing needs. Helping to stimulate debate on what ‘ethical norms’ should be, in a democratic society left morally bankrupt by apartheid is no doubt an unenviable task. However it is appears clear that CSO’s, despite the good contribution made could do much more in combating corruption. The trick will be in all sectors of society being comfortable and in fact encouraging critical civil society engagement. In this ideal situation CSO’s act as watchdogs but also attempt to engage with, and welcomed to seek dialogue by, the public and private sectors concerning broader systemic approaches to combating corruption. The NACF, if made workable could be the platform for achieving this.

Beyond what may be considered a long-term goal the following recommendations may be considered to promote CSO participation in combating corruption in South Africa:

  1. Political Will
  2. Combating corruption is central to any broad developmental goals and CSO’s should be encouraged to include anti-corruption measures in there activities. Combating corruption effectively will require the political will from CSO’s to do so – this is a necessary requirement to ensure broad ownership of the issue, and not only a few ‘expert’ organisations.

  3. Knowing who is doing what
  4. There is little evidence of what many NGO’s and CBO’s are doing at a local level to combat corruption – research is required outlining not only who is doing what but also sharing this information amongst other CSO organisations. The previously mentioned HSRC/TSA database could provide the foundation for an organic database which could be managed by the NACF providing an overview of who all the CSO actors are active in this field. Good practice is a tool that can stimulate CSO’s into considering new approaches to combating corruption.

  5. Building CSO capacity
  6. A lack of resources, expertise and skills is detrimental to CSO involvement in anti-corruption activity. The NACF could play a role in looking at ways in which CSO’s could be supported to ensure broader involvement by their organisations in combating corruption.

  7. Building CSO Anti-corruption capacity
  8. Whistleblower training, media workshops and information regarding new anti-corruption initiatives (i.e. blacklisting guidelines and prevention of corruption legislation) should be encouraged. CSO’s have great potential to act as ‘multipliers’ throughout society and have the ability to reach citizens who not only belong to an elite strata of society. CSO’s can make an important contribution to raise public awareness of what can be done to combat corruption – essential if one wishes to avoid the emergence of a cynical electorate.

  9. Internal Accountability
  10. NGO’s and CBO’s in co-operation with donors should be encouraged to ensure that internal anti-corruption measures are effectively implemented.

  11. Grow the networks
  12. CSO’s need to utilise existing networks to ensure that corruption keeps it place on the national agenda as well to encourage co-operative research and advocacy campaigns. Nationally CSO’s have a role to play in ensuring that initiatives such as the NACF are functioning effectively. This will require greater co-operation amongst CSO’s on a sustained low-key basis (i.e. not only high profile sporadic conferences)

  13. Monitoring implementation
  14. The measure of success for any new piece of legislation (such as the Prevention of Corruption Bill) or policy document (such as cabinet endorsed National Anti-Corruption Strategy) must be effective monitoring of implementation by civil society institutions. This is not only likely to give real affect to these documents but also lends them a sense of legitimacy, as they become instruments with which the public actively engages.

  15. What next – the role of research

An effective long-term anti-corruption strategy will depend on South Africa’s policy-makers being sensitive to, and understanding the changing demands for anti-corruption initiatives domestically. Equally we will have to continue to learn from international good practice. In this respect Civil Society provides research expertise which can bolster governments limited research capacity. CSO’s need to jointly develop a research agenda and researchers should be sensitive to the research needs of the public sector while retaining its’ - necessary - independence.

 

 

 

 

 

 

 

 

 

 

 

 

Appendix 1:

Extract from: Civil Society Anti-Corruption Summit

Kempton Park, 27th February - 1st March 2002.

X. Strategies to combat corruption

  1. Build stakeholder forums at local level to share information and report corruption and mal-administration
  2. Build Networks Against Corruption, situated in the provincial legislature, to share information and report corruption and mal-administration in provincial departments and facilitate the oversight function of legislature standing committees
  3. SANGOCO (national, provincial and local offices) to take responsibility for implementing and monitoring the SANGOCO code of conduct and to establish a database of cases of corruption involving their own members, members of the public sector and the private sector in their locality
  4. Set up independent research and monitoring groups to collect information on cases of corruption and mal-administration to share this information with SANGOCO affiliates. An example is the Public Service Accountability Monitor in the Eastern Cape, which has set up projects to monitor individual cases of corruption, the performance of public service departments, and to advise citizens of their rights to proper services, the responsibilities of officials and mechanisms for reporting poor service and corruption.
  5. Establish a campaign to encourage the public to blow the whistle on corruption and nepotism and to report all cases to the media.
  6. To lobby government for the review of the national electoral system and to adopt alternative processes that establish greater accountability and right to recall of elected public representative
  7. XI. Resources required to implement strategies

  8. TSA and SANGOCO to facilitate the provision of financial resources.
  9. TSA and SANGOCO to promote establishment of Networks Against Corruption in national parliament and provincial legislatures.
  10. TSA and SANGOCO to facilitate the establishment of stakeholder forums and programmes
  11. SANGOCO to regulate and monitor member NGOs.
  12. SANGOCO and TSA should be responsible for the dissemination of information on relevant corruption cases to member organizations.
  13. TSA and SANGOCO should be responsible for educating people on role of Chapter 9 institutions and South African Constitution and Bill of Rights.
  14. SANGOCO and TSA ensure that their members be part of interview panels for posts within government departments and NGOs.
  15. SANGOCO and TSA to provide capacity building for data capturing, research, advocacy and lobbying, reporting of cases of corruption to media, to capacitate organisations of civil society with monitoring, evaluation skills and case-handling skills on corruption.
  16. Raise community awareness about existing institutions through the mass media, e.g. radio.
  17. We should struggle for the popular management of state assets.
  18. Civil society should share information on corruption.
  19. Every sector should take responsibility for fighting corruption, i.e. civil society, government and the private sector. Where government fails to combat corruption, civil society should assist government in disseminating information, implementing policies and empowering communities.
  20. We should have community awareness on laws that combat corruption and corruption prevention mechanisms.
  21. We should encourage community involvement in anti-corruption activities so that we build community empowerment.
  22. Infrastructure should be provided in rural areas so that we have community empowerment.
  23. We need community report backs on what causes corruption to ascertain whether the system is working.