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Business Learning Forum on
      Anti-Corruption

    25 September 2012
BBCBE
                                   BLACK BUSINESS
                                   COUNCIL
                                   IN THE BUILT
                                   ENVIRONMENT




TOMOROW’S LEADERS DEEP SENSE OF
                        HISTORY




                                                    2
               COMMUNITY SUPPORT
3
BBCBE
                                                 BLACK BUSINESS
                                                 COUNCIL
                                                 IN THE BUILT
  IN MY VIEW                                     ENVIRONMENT


I have watched with very keen interest the anti
corruption fight as shouldered by the relevant
agencies namely the:ISS,SAACA,
I have seen through my binoculars several
contradictions and inadequacies in the whole
fight to address the prevalence of corruption
in South African Society.




                             Policy management               4
I PERSONALLY GET EMBARASED
WHEN MANAGERS AND CEO ARE COURT IN CORRUPT ACTIVITIES

The activities that constitute illegal corruption differ depending
on the country or jurisdiction. For instance, some political
funding practices that are legal in one place may be illegal in
another. In some cases, government officials have broad or ill-
defined powers, which make it difficult to distinguish between
legal and illegal actions. Worldwide, bribery alone is estimated to
involve over 1 trillion US dollars annually A state of unrestrained
political corruption is known as a kleptocracy, literally meaning
"rule by thieves".




                                                                      5
BBCBE
                            BLACK BUSINESS COUNCIL
                            IN THE BUILT ENVIRONMENT



FIRST THING WE NEED TO FIND OUT
WHY IT HAPPENS
The strength of an anti-corruption fight derives
from how much
independence it is granted either by the law setting
it up or the operative environment under which it
carries out its stated assignment.

From an anti-corruption perspective, it will suit the
public if we take off from the standpoint that
everybody is corrupt except the agency. Therefore,
the responsibility is vested on the

                                                        6
BBCBE
                                               BLACK BUSINESS
                                               COUNCIL
                                               IN THE BUILT
                                               ENVIRONMENT
   PUT IN PLACE MITIGATION
Let us look at the recoveries from those who are often arrested
and made to enter into plea bargain in order to extract a pound
of flesh from them.

How much of such recoveries do we hear about the ISS,SAACA
are supposed to publish such recoveries for public consumption.
It is not a secret document or undertaking an anti-corruption
agency cannot operate like a secret agency.

Probing further one is wondering why anti-corruption agencies
should operate under regular courts. The slow administration of
justice cannot help dispense justice at the nick of time. Often
times you hear of all manners of adjournment appeals and plea
bargains.

                                                                  7
BBCBE
                                           BLACK BUSINESS
                                           COUNCIL
                                           IN THE BUILT
                                           ENVIRONMENT

 FUNDAMENTAL IMPORTANCE OF THE ACT
In anti-corruption studies, there is what is called
cost analysis when you intend to embark on any
anti-corruption crusade. Such analysis will help
one to
Rationalize whether it is plausible to spend
one million chasing a moan who is suspected to
have 100k whether it is justifiable to spend
bogus budget in the name of anti-corruption
without commensurate returns to the treasury

                             COMMUNITY SUPPORT              8
BBCBE
                                            BLACK BUSINESS
                                            COUNCIL
                                            IN THE BUILT
                                            ENVIRONMENT




What the anti-corruption agencies should be doing is to come up wit
laws and provisions that would tend to reduce monopoly powers of
individuals in different government or private establishments.
Once you make it a point of duty that only a man’s signature is
required to seal a deal, then you have created platform for such a man
to abuse his powers.
What anti-corruption studies advocate is that checks and balances
should be created to make it difficult for an individual to wield
enormous powers, so that he does not subject it to abuse. If you
ordinarily allow individuals certain space, be sure they would ask for
additional space, tat is why it is instructive for ISS and SAACA to build
platforms that would mitigate the abuse of individual’s discretionary
power


                                                                            9
   consistently enforcing appropriate discipline;
   responding to offences and preventing
    reoccurrences.
   The disclosure of the code of ethics should
    include a statement of the




                                                     10
   Given the whole chance professionalism in
    management how do the business schools
    teach they have to do a better job.




                                                11
The Black Business Council in the Built Environment (BBCBE) is the apex organization
  of black construction and professional organizations in the country. It was
  established in 2007 and one of its main objectives is to engage government and
  other statutory bodies to influence the drafting and implementation of appropriate
  legislation in order to create an enabling environment for the black constituency in
  the building and construction industry.

The following national organizations are members of the BBCBE:

   NAFCOC Construction (NAFCON);
   South African Women in Construction (SAWIC);
   Siyakha;
   South African Black Technical & Allied Careers Organization (SABTACO);
   National Association for Youth Empowerment in Construction (NAYEC); and
   African Builders Association (ABA).

Our member organizations represent the interests of SMME’s in the industry and a
  significant percentage of the membership is women and youth-owned.

The BBCBE is affiliated to the Black Business Council (BBC).
   The issue of morality will be called to
    question if a man who has not published is
    audited accounts is accusing other of not
    doing the same. It takes away a lot from the
    process. We must begin to apply the basic
    rules of anti-corruption and trying in the
    process to fry the big fishes in a manner that
    is not selective.



                                                     13
14
15
16
17
18
19
20
21
22
BBCBE
BLACK BUSINESS
COUNCIL
IN THE BUILT
ENVIRONMENT




                 23
24
HOW DO WE REFLECT ON THESE PICTURE   25
26
For more information contact:
Achieng Ojwang, Manager: Business in Society
+27(0)11 544 6000; ojwang.achieng@nbi.org.za

           www.nbi.org.za

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Anti-Corruption Forum Insights on Improving Accountability

  • 1. Business Learning Forum on Anti-Corruption 25 September 2012
  • 2. BBCBE BLACK BUSINESS COUNCIL IN THE BUILT ENVIRONMENT TOMOROW’S LEADERS DEEP SENSE OF HISTORY 2 COMMUNITY SUPPORT
  • 3. 3
  • 4. BBCBE BLACK BUSINESS COUNCIL IN THE BUILT IN MY VIEW ENVIRONMENT I have watched with very keen interest the anti corruption fight as shouldered by the relevant agencies namely the:ISS,SAACA, I have seen through my binoculars several contradictions and inadequacies in the whole fight to address the prevalence of corruption in South African Society. Policy management 4
  • 5. I PERSONALLY GET EMBARASED WHEN MANAGERS AND CEO ARE COURT IN CORRUPT ACTIVITIES The activities that constitute illegal corruption differ depending on the country or jurisdiction. For instance, some political funding practices that are legal in one place may be illegal in another. In some cases, government officials have broad or ill- defined powers, which make it difficult to distinguish between legal and illegal actions. Worldwide, bribery alone is estimated to involve over 1 trillion US dollars annually A state of unrestrained political corruption is known as a kleptocracy, literally meaning "rule by thieves". 5
  • 6. BBCBE BLACK BUSINESS COUNCIL IN THE BUILT ENVIRONMENT FIRST THING WE NEED TO FIND OUT WHY IT HAPPENS The strength of an anti-corruption fight derives from how much independence it is granted either by the law setting it up or the operative environment under which it carries out its stated assignment. From an anti-corruption perspective, it will suit the public if we take off from the standpoint that everybody is corrupt except the agency. Therefore, the responsibility is vested on the 6
  • 7. BBCBE BLACK BUSINESS COUNCIL IN THE BUILT ENVIRONMENT PUT IN PLACE MITIGATION Let us look at the recoveries from those who are often arrested and made to enter into plea bargain in order to extract a pound of flesh from them. How much of such recoveries do we hear about the ISS,SAACA are supposed to publish such recoveries for public consumption. It is not a secret document or undertaking an anti-corruption agency cannot operate like a secret agency. Probing further one is wondering why anti-corruption agencies should operate under regular courts. The slow administration of justice cannot help dispense justice at the nick of time. Often times you hear of all manners of adjournment appeals and plea bargains. 7
  • 8. BBCBE BLACK BUSINESS COUNCIL IN THE BUILT ENVIRONMENT FUNDAMENTAL IMPORTANCE OF THE ACT In anti-corruption studies, there is what is called cost analysis when you intend to embark on any anti-corruption crusade. Such analysis will help one to Rationalize whether it is plausible to spend one million chasing a moan who is suspected to have 100k whether it is justifiable to spend bogus budget in the name of anti-corruption without commensurate returns to the treasury COMMUNITY SUPPORT 8
  • 9. BBCBE BLACK BUSINESS COUNCIL IN THE BUILT ENVIRONMENT What the anti-corruption agencies should be doing is to come up wit laws and provisions that would tend to reduce monopoly powers of individuals in different government or private establishments. Once you make it a point of duty that only a man’s signature is required to seal a deal, then you have created platform for such a man to abuse his powers. What anti-corruption studies advocate is that checks and balances should be created to make it difficult for an individual to wield enormous powers, so that he does not subject it to abuse. If you ordinarily allow individuals certain space, be sure they would ask for additional space, tat is why it is instructive for ISS and SAACA to build platforms that would mitigate the abuse of individual’s discretionary power 9
  • 10. consistently enforcing appropriate discipline;  responding to offences and preventing reoccurrences.  The disclosure of the code of ethics should include a statement of the 10
  • 11. Given the whole chance professionalism in management how do the business schools teach they have to do a better job. 11
  • 12. The Black Business Council in the Built Environment (BBCBE) is the apex organization of black construction and professional organizations in the country. It was established in 2007 and one of its main objectives is to engage government and other statutory bodies to influence the drafting and implementation of appropriate legislation in order to create an enabling environment for the black constituency in the building and construction industry. The following national organizations are members of the BBCBE:  NAFCOC Construction (NAFCON);  South African Women in Construction (SAWIC);  Siyakha;  South African Black Technical & Allied Careers Organization (SABTACO);  National Association for Youth Empowerment in Construction (NAYEC); and  African Builders Association (ABA). Our member organizations represent the interests of SMME’s in the industry and a significant percentage of the membership is women and youth-owned. The BBCBE is affiliated to the Black Business Council (BBC).
  • 13. The issue of morality will be called to question if a man who has not published is audited accounts is accusing other of not doing the same. It takes away a lot from the process. We must begin to apply the basic rules of anti-corruption and trying in the process to fry the big fishes in a manner that is not selective. 13
  • 14. 14
  • 15. 15
  • 16. 16
  • 17. 17
  • 18. 18
  • 19. 19
  • 20. 20
  • 21. 21
  • 22. 22
  • 23. BBCBE BLACK BUSINESS COUNCIL IN THE BUILT ENVIRONMENT 23
  • 24. 24
  • 25. HOW DO WE REFLECT ON THESE PICTURE 25
  • 26. 26
  • 27. For more information contact: Achieng Ojwang, Manager: Business in Society +27(0)11 544 6000; ojwang.achieng@nbi.org.za www.nbi.org.za