Corruption tsunami fears no legislation

The Independent Development Trust matter is growing evidence that far more stringent legislation and penalties are required to root out corruption in the Public Service and State-owned enterprises.

The Public Services Regulations of 2016, as amended in 2023, are a clear set of rules instructing public servants to avoid and report corruption; however, the practice thereof reveals a house on fire. 

Given the culture of perverse personal enrichment in South Africa, led by the African National Congress and its corporate and political alliances, it’s clear that the legislation is not strong enough, nor is it applied without fear or favour. In addition, the penalties for such corrupt conduct are not severe enough.

However, even more disheartening is the culture that suggests such enrichment and personal gain are not inherently wrong. Recent reports in June highlighted that the Johannesburg City Council had awarded several contracts worth almost R1 billion to family members of city officials and councillors for the extension of the city’s bus transport system. The governing party and the mayor did not see any problem with it. 

Until we can address this mindset, the legislation and its regulations will be powerless to stop this tsunami of corruption. With the ANC facing a possible increase in seat and power losses in 2026 and 2029, the floodgates have opened for an all-out onslaught on all procurement opportunities within government.

During recent visits to several municipalities, it has become common to find that municipal staffing costs account for 75% of the municipal budget, with the remaining balance allocated to the procurement of goods. There is no budget left for actual service delivery beyond the procurement of goods. And in such cases, the suppliers are mostly connected insiders.  

We need a set of clear rules that are brave enough to not fear culture or consequence. We need the law to clearly state that no elected official, civil servant, or their family members are allowed to do business with the government.

It must be that severe. The law needs to state further that any company offering gifts of any kind to an elected official or civil servant will be charged with bribery and corruption and will be blacklisted for ten years from doing business with the government. It must be entirely illegal for elected officials and civil servants to accept gifts while performing their duties to the people of South Africa. 

Lifestyle audits have proven to be worthless exercises. We see political and administrative opulence waved in our faces every day with impunity. It is almost expected that one should be perceived as wealthy and flaunt such wealth due to connections with the current government. Our sacred State of the Nation Address has become an elaborate and expensive fashion show, with our politicians and senior civil servants arriving dressed as royalty, outfitted by world-famous fashion houses in a country where people queue for days to collect R350 to buy bread for themselves and their children.

What is infuriating is that the current government sees nothing wrong with such opulence. They arrive in their luxury cars to campaign in informal settlements. They have tolerated the destruction of infrastructure and said nothing about the total collapse of Johannesburg's inner city. They have seen people gunned down on our streets and have only increased their own security. 

Corruption exists because people don’t fear who they work for, and they don’t fear the consequences they will face.

The unspoken part of government corruption is corporate collusion, accommodation and participation in that corruption. They reel in the politicians and the civil servants. In 2014, the Competition Commission found that major construction and engineering firms had engaged in bid rigging and price fixing on stadium construction projects for the FIFA World Cup in South Africa. 

South Africa is trapped in a culture of corruption and a mindset that perpetuates it. It requires severe legislation and severe consequences to change it.  

* Davids is the Executive Director of Urban Issues Consulting

Cape Argus