RATE IT | Ramaphosa’s state capture battle plan

President Cyril Ramaphosa’s action plan to make sure state capture is never repeated has sparked debate.

State capture inquiry chairperson chief justice Raymond Zondo handed over the fifth and final part of his state capture report to Ramaphosa in June. The report implicated and recommended action be taken against dozens of high-profile individuals including former president Jacob Zuma, several ministers, other politicians, major businesspeople, companies and state-owned enterprises (SOEs).

On Sunday evening Ramaphosa addressed the steps government is taking to implement the inquiry’s recommendations.

Ramaphosa highlighted several fixes his administration has applied since 2018, including investigating wrongdoing, recovering looted funds and strengthening weakened institutions.

He announced several interventions to bring those guilty of state capture to book and ensure South Africa does not suffer such corruption, fraud and maladministration again.

While some applauded the reforms, others claimed it was just wishful thinking with no hope of success.

Here are key interventions announced. Do you think they will work?

PERMANENT ANTI-CORRUPTION BODY

Ramaphosa announced the establishment of a permanent and independent Public Procurement Anti-Corruption Agency to combat corruption, fraud and maladministration.

The agency will have oversight over parliament and the executive.

“Based on the advice of the recently appointed National Anti-Corruption Advisory Council and the outcomes of a review of our anti-corruption architecture by the department of justice, a comprehensive proposal on an effective and integrated anti-corruption institutional framework will be produced for public consultation, finalisation and implementation.”

KEEP MINISTERS IN LINE AND OUT OF PROCUREMENT

Ministers will be prohibited from playing any role in procurement, and Ramaphosa said he was attending to the inquiry’s recommendations against ministers implicated in the state capture report.

“I am attending to the commission’s recommendations on members of the executive against whom adverse findings were made.

“The commission found that in several instances parliament had not been effective in holding the executive to account.”

REVIEWING THE APPOINTMENT AND WORKS OF BOARDS

There will be a process for the appointment of SOE boards that is not open to manipulation, and a policy that no board member will be allowed to be part of procurement processes.

“The commission found the appointment and removal of board members and senior executives in state-owned enterprises was one of the key causes of state capture. The lack of compliance, transparency and accountability in the appointment of board members not only enabled the capture of these companies, but also contributed to a decline in their operational and financial performance.

“That is why government accepts the commission’s recommendations on the need for a process for the appointment of boards of SOEs that is not open to manipulation.

“No board member will be allowed to be involved in procurement processes beyond playing an oversight role.”

ELECTORAL SYSTEM REFORMS

Ramaphosa said the commission made recommendations for far-reaching reforms to the country’s electoral system.

“These reforms include the direct election of the president and the adoption of a constituency-based, but still proportionally representative, electoral system.

“These proposals are meant to address weaknesses in the ability of parliament and its elected officials to provide sufficient oversight to prevent state capture.

“Due to the far-reaching consequences of the recommendations on electoral reform, and the fact they would require constitutional amendments, it is appropriate they are considered by the political parties represented in parliament and form part of an extensive process of consultation that involves the whole of society.

“These consultations should take account of the broad-based engagements that took place across the country in the drafting of our constitution.”

PROTECT WHISTLE-BLOWERS

Ramaphosa said the country is indebted to whistle-blowers who brought allegations of fraud and corruption to the attention of the public protector and the state capture inquiry. 

He said government would do more to protect those who shine a light on corruption.

“The department of justice is reviewing the Protected Disclosures Act and Witness Protection Act to give effect to the commission’s recommendations on the protection of whistle-blowers.

“This will ensure, among other things, whistle-blowers receive the protections afforded by the UN Convention Against Corruption and whistle-blowers have immunity from criminal or civil action arising from honest disclosures.”