EDITORIAL | Torpedo of consequence is needed to end culture of impunity

The word “consequence” is defined as a result or effect that is typically unwelcome or unpleasant.

In South Africa, consequence is often so unpleasant that some government authorities tend to stay far away from it, almost as if it is a dirty word.

Take, for instance, recent revelations that the SA Police Service is sitting with contingent liability amounting to a staggering R65.3bn.

While much of this is admittedly made up of  “opportunistic, vexatious and frivolous” claims that will not succeed, total payouts have increased — sometimes dramatically — most years since 2012. In the 2022/23 financial year, SAPS paid out R647m in compensation for illegal conduct or behaviour by police officers on duty. That was a hefty 76% higher than the R367m paid out two years earlier. It is believed more than R2.6bn has been paid out to victims over the five years ending in 2022/23.

So are the individual guilty police officers held financially liable for these successful claims? No, they are not. Instead the taxpayer coughs up for their bad behaviour. And in some cases, these officers receive nothing more than a smack on the wrist.

This is laid bare in past annual reports submitted by police watchdog, the Independent Police Investigative Directorate (Ipid). Sunday Times has previously reported that police officers found guilty of rape by Ipid are being let off in some cases with written warnings and suspended salaries.

The Institute for Security Studies' Gareth Newham says a culture of impunity exists among police officers and the only way this will change is if police officials are held directly and personally responsible for their conduct.

Our constitution requires that there be an independent body to investigate complaints against the police. Ipid plays this oversight role, albeit in a woefully inadequate way. Given that Ipid's budget for 2022/23 was R363m — less than half of what SAPS paid out in compensation claims that year — it is understandable why many police officers escape any real accountability.

Although current auditor-general Tsakani Maluleke believes the legislative amendment is starting to move accounting officers into action in the quest for clean government, the state is still haemorrhaging billions of rand each year to basic governance failures and fraud

This scenario is not unique to our police force. Many public servants in departments and state-owned companies are transferred or resign before disciplinary inquiries into their alleged misdeeds can be finalised.

Yet South Africa has made some headway in holding officer bearers to account. Perhaps most notably, former auditor-general Kimi Makwetu famously championed for the Public Audit Amendment Act, which gave his office power to refer irregularities for further investigation and to launch a process to recover lost funds. The law was adopted in 2018 and was described as a means to turn the office of the AG “from a chihuahua to a pitbull”.

The bill is particularly vital in terms of action of material irregularities — basically contraventions of legislation, fraud, theft or a breach of a fiduciary duty that result in a material financial loss or harm to a public sector institution or the general public.

Though current auditor-general Tsakani Maluleke believes the legislative amendment is starting to move accounting officers into action in the quest for clean government, the state is still haemorrhaging billions of rand each year to basic governance failures and fraud.

So perhaps even tougher measures are required. In recent years, various courts have found some ministers and other senior officer bearers, including former public protector Busisiwe Mkhwebane, personally liable for damages awarded to applicants, because of their poor decisions.

This type of no-nonsense, zero-tolerance approach should also be championed inside government departments. Once employees who engage in shoddy and illegal actions are blown out of the water with a torpedo full of consequence, others will think twice before they cross the line.