South Africa is under threat

Advocate Paul Pretorius, head of the State Capture Commission of Inquiry’s legal team, said increased corruption and organised crime threaten society.

Pretorius made these comments during his keynote address at the “What Now Since the State Capture Commission?” workshop.

The Council for the Advancement of the South African Constitution (CASAC) and the Public Affairs Research Institute (PARI) hosted the workshop.

He said corruption has evolved from the state capture period and is now very different from before the Zondo Commission.

Corruption has moved to other parts of the state and the economy and has become more pervasive. “Corruption is prevalent throughout our public and private sector,” he said.

He added that corruption is not only continuing but also extending and broadening across the country.

The new forms of corruption are characterised by syndication and violent enforcement, as is seen with the construction mafia.

“Our society is under threat. The nature and extent of corruption is changing rapidly,” Pretorius said.

“From a ministerial level, there are admissions that corruption in South Africa is out of control and escalating.”

He said it is important to ask whether corruption is linked to the polarisation currently seen in South Africa’s political system.

One of the biggest reasons for corruption and organised crime in South Africa is the failure of state institutions.

When state institutions fail, whether it is Transnet or municipal water, organised gangs capitalise on this failure.

Pretorius added that South Africa’s ranking in international corruption indices continues to worsen despite the publication of the Zondo Commission reports.

“This is not something which bodes well for our removal from the Financial Action Task Force (FATF) grey list,” he said.

Slow progress on the Zondo Commission recommendations

Pretorius said there has been slow progress in implementing the Zondo Commission recommendations, which needs attention.

An important part of the process is a report from the National Anti-Corruption Advisory Council (NACAC), which President Cyril Ramaphosa received in March.

The NACAC report includes proposals for giving it the power to conduct audits and powers of entry, search, and seizure.

It also wants to be empowered to prepare dockets under the supervision of the National Prosecuting Authority to help speed up the investigative process.

It also wants the power to make public inquiries to meet the Zondo Commission recommendations, and have policy-making and monitoring capabilities.

NACAC chairperson Firoz Cachalia said the committee wants to release its report to the public to kickstart discussions over its contents.

However, he said the organisation encountered red tape that prevented it from releasing the report to the public.

Cachalia said they had recently met some resistance from a grouping of senior government managers.

NACAC had envisaged that the elections in May would place their work and the process of addressing the report on pause and, therefore, completed it prior to the event.

However, six months after the elections, and four months after the formation of government, they have yet to be invited before Cabinet to make the case for the report.

“It is our view that there is no reason why it shouldn’t be released for public discussion and engagement,” Cachalia said.

Pretorius said everyone should ask why implementing the Zondo Commission recommendations is so slow and inadequate.

People should also ask why there is resistance to releasing the NACAC to the public for engagement.