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Corruption & social dogmas in south africa
1. CORRUPTION & SOCIO POLITICAL DOGMAS IN SOUTH AFRICA
Myron Betshanger
"There are seven things that will destroy us: Wealth without work; Pleasure without conscience;
Knowledge without Integrity; Religion without sacrifice; Politics without principle; Science without
humanity; Business without ethics." — Mahatma Gandhi
Growing up in Apartheid South Africa in a patriarchal family I, like many others
were often ridiculed and strictly warned not to question the authority of elders
and most importantly the leaders of society. We were taught by our parents and
other elder persons to “See No Evil, Hear No Evil and Speak No Evil”. This
social dogma was firmly installed into our young life and was to set us up for
adulthood. However, none of the previous generation really took the time to comprehensively explain what this means and how it is to
be applied in real life. No one provided real guidelines on when it was necessary and absolute vital to
“See Evil, Speak Up & Out Against Evil and to Listen To Complaints About Evil”. According to some interpretations of the “See No Evil,
Hear No Evil & Hear No Evil” we should only be prepared in seeing, hearing and speaking about “the good” in people and not ab out
their wicket and evil deeds. If therefore, in accordance with this interpretation, corruption is an evil deed we should neither see it, nor
hear about it nor speak out about it. Is this the doctrine which some senior political and business leaders in South Africa would wish us,
the rest of South African society, to adopt and apply? Is this not perhaps the social dogma that many leaders chooses to apply across
the globe?
WHERE DOES THIS LEAVE US ?
Alexander Solzehnitsyn states that "In keeping silent about evil, in burying it so deep within us that no sign of it
appears on the surface, we are implanting it, and it will rise up a thousand-fold in the future. When we neither punish
nor reproach evildoers . . . we are ripping the foundations of justice from beneath new generations. "
Not wanting to look at, see and acknowledge the negative impacts of
corruption on our society, our economy, our state of governance,
not being prepared to listen to the voice of reason that corruption
kills development, and distorts the economy by creating illegitimate
monopolies and not being prepared to speak-out against corrupt
political and business leaders, we become stripped of our own human
dignity. We in our “See No Evil, Hear No Evil & Speak No Evil” dogmatic
approach are stripped of our independence and rendered mere zombies that follow a particular doctrine and thus serve to
2. protect an unequal social order that perpetuates oppression and in the most subtle yet pertinent manner undermines
human liberties and basic freedoms. When we blindly follow political and corporate leaders no matter how the leadership
they provide goes again the very grain of what we have been taught and the very values that has been inculcated over
many years we surrender ourselves to an evil that will rise out a thousand-fold and which will consume not only this but
also the next generation.
South Africa has one of the world’s most liberal and progress constitutions
and a constitutional democratic framework that has since 2009 became
increasingly under attack by the very political party that was so instrumental
in delivering freedom and democracy to this once racially divided society.
Indeed many are of the view that “Justice” and “The Rule Of Law” is under
concerted and continuous attack by those who are perhaps more interested
in amassing greater economic and political power for themselves than they
are perhaps prepared to serving the very people that elected them.
JUSTICE AND THE RULE OF LAW NEEDS PROTECTION.
One such a veiled attack played itself out in Parliament yesterday,
where the Public Protector tabled her offices progress report before
Parliament’s Sub-committee for Justice and Constitutional
Development. That the Public Protector and ruling party are at
loggerheads became evident when the Chairperson of the sub-committee,
other than being impartial and unbiased, in an
unpresidented manner continuously interjected and interrupted the
Public Protector in her presentations before the committee.
It is reported that the Chairperson of the sub-committee went as far
as stating that the Public Protector failed exercising proper financial controls, that the office of the Public Protector was for
all sense and purposes insolvent and accused the Public Protector of managing her office with an iron fist and was
therefore responsible for low staff morale and high staff turnovers. Clearly this was in retaliation of the many adverse
findings made by the Public Protector against the Executive, including the recent much debated Nkandla-upgrades at the
President’s private residence.
3. This is particularly so in view of the fact that the Chairperson of the Justice and Constitutional
Development Committee also serve as member of Parliament’s ad hoc committee which is currently reviewing the
Nkandla-reports handed in to Parliament. Read full report here:
http://www.bdlive.co.za/national/2014/10/23/madonsela-under-attack-in-parliament
CORPORATE SOUTH AFRICA AND CORRUPTION
Corruption is a crime of equal halves and perhaps of far greater
significance is the role played by South African business and commercial
interests in perpetuating this social scourge. Politicians and government /
public officials cannot be corrupt without their corrupt corporate partners.
Not only are there a number of South African and foreign corporations
operating in South Africa who actively contribute towards this country’s high levels of perceived corruption by paying
bribes to either obtain or retain business, but there are also many other corporations that while not actively participating in
such illicit activity, chose rather to look the other way, burying their heads in the sand and “Speak No Evil”. This culture of
inactivity among many of the more ethically inclined businesses and corporate executives does not however and
unfortunately render them insulated against the adverse impacts corruption has on their businesses.
Unfortunately this is the unadulterated truth. We have seen increased
negative activity around South Africa’s economic growth since 2009. We have
a near stagnant economy as compared to other African states and emerging
markets and has witnessed the continuous downgrades in our credit rating by
various international credit rating agencies making it more and more
cumbersome for South African businesses to access capital at favourable rates. While there may be a variety of
contributory factors for this, corruption and our inability to address it is surely among the most important. A recent PwC
Report shows that corruption and fraud among South African businesses are nearly twice as high as compared to global
averages. That corruption is a major problem for South African businesses was recent acknowledged by Steve Phiri, CEO for
Royal Bofokeng Mining, made at the recent South African Mining Indaba. Mr. Phiri stated that "Corruption seems to be
growing into a national sport. Those trying to be clean are seen as stupid or obstructive, and they are removed. Society shou ld not
defend those who were corrupt but rather support those who were not.”
4. If Mr. Phiri is correct in his assertions than this would proof that the underlying attitude adopted by many corporate
executives and senior managers in South Africa is one of “See No Evil, Hear No Evil and Speak No Evil”. Perhaps they do so out of
fear of retaliation and self-preservation.
If “Tone-At-The-Top ” therefore plays an important role at establishing a
corporate culture within businesses and South African corporate leaders fail s
to take an affirmative stance against corruption out of fear that they might be
“seen as stupid, obstructive and that they may be removed” and therefore adopt
the strategy of “See No Evil, Hear No Evil and Speak No Evil” than the organizational culture which than becomes inculcated
among South African businesses cannot be said to be one where ethics and compliance are high priority items on business strategies.
South African business leaders, however forget one important aspect in their
adoption of this “See No Evil, Hear No Evil and Speak No Evil” approach to the
corruption problem that seems to plague our commercial environment.
This is the “The(ir) Duty To Report Corrupt Transactions ” as set out under
Section 34 (1) and (2) of the Prevention and Combating of Corrupt Activities Act.
According to section 34(1) of the Act, any person who holds a position of authority (defined in section 34(4) of the Act), who knows or
ought reasonably to have known or suspected that any other person has committed an offence (of corruption) in terms of sectio ns 3 to
16 or 20 to 21 of the Act or theft, fraud, extortion, forgery or uttering of a forged document involving an amount of R100 000,00 or
more, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official.
Section 34(2) of the Act provides that any person who fails to report such corrupt activities is guilty of an offence. The following are the
people who must report:
In terms of the definition in Section 34 (4) the manager, secretary or a director of a company as defined in the Companies Ac t, 1973 (Act
No. 61 of 1973), and includes a member of a close corporation as defined in the Close Corporations Act, 1984 (Act No. 69 of 1984);
In short, this means that South African corporate leaders and managers of businesses cannot place reliance on the adoption of a
“See No Evil, Hear No Evil and Speak No Evil” approach to corruption, but must where they have knowledge of such illicit activity
report it to law enforcement. Seemingly therefore the Act also places a duty on such persons to ensure that the correct cultural tone of
combating corruption are fostered and maintained within their organizations.