SA Strengthens Anti-Corruption Measures with Institutional Reforms and Whistleblower Protection

"The framework will guide the whistleblower protection programme, ensuring their safety and reinforcing their pivotal role in combating corruption," Kubayi explained.

The South African government has reaffirmed its unwavering commitment to combating corruption at all levels, vowing to fortify institutions, expedite prosecutions, and enhance whistleblower protections. This pledge was made by Justice and Constitutional Development Minister Mmamoloko Kubayi during the State of the Nation Address (SONA) debate in Parliament on Tuesday.

Minister Kubayi emphasized that corruption, if left unchecked, deprives South Africans of resources essential for their development and well-being. "It is our patriotic duty to increase efforts to eradicate corrupt practices, fostering an ethical and capable developmental state. We shall not compromise or retreat in this fight," she asserted.

Institutional Strengthening and Anti-Corruption Architecture Review

Kubayi highlighted that eradicating corruption requires robust institutions. The era of State capture demonstrated how easily institutions can be compromised, becoming enablers rather than deterrents of corruption. To prevent such occurrences, the Department of Justice will lead a comprehensive review of the country’s anti-corruption architecture. This review aims to eliminate overlapping mandates and optimize resource allocation.

In tandem with this, a world-class digital forensics laboratory is under development. This facility will bolster the Investigating Directorate Against Corruption under the National Prosecuting Authority (NPA), expediting the prosecution of State capture cases.

Capacity Building within the NPA

To address capacity gaps in the NPA, guidelines for Section 38 appointments of prosecutors were approved in January. These guidelines are designed to ensure appointments are effective, efficient, and objective.

Lifestyle Audits and Vetting Procedures

Minister Kubayi announced that lifestyle audits will be conducted on departmental staff to reinforce law enforcement institutions. The first phase targets Senior Management Service members, State Attorneys, prosecutors, Special Investigating Unit (SIU) investigators, and officials in sheriff and Masters offices.

Subsequent phases will extend full vetting to all employees involved in appointing liquidators, managing the Guardian Fund, and those in supply chain management units. "This ensures that those fighting corruption are not themselves compromised," Kubayi stated.

Tangible Results in the Fight Against Corruption

Kubayi reported significant progress, with the SIU saving the State approximately R8 billion during the 2023/24 financial year. This includes:

• Recovering R2.28 billion in actual cash.
• Preventing R2.32 billion in potential State losses.
• Securing R1.6 billion through acknowledgements of debt and liability agreements.
• Setting aside contracts worth over R2.13 billion via the Special Tribunal and High Court.

"These outcomes demonstrate our commitment to safeguarding public resources for the benefit of all South Africans," she said.

Enhanced Whistleblower Protection Framework

Recognizing the critical role of whistleblowers, the Department is finalizing a comprehensive whistleblower protection framework. A benchmarking exercise against global best practices revealed gaps in the current system, which the new framework aims to address.

"The framework will guide the whistleblower protection programme, ensuring their safety and reinforcing their pivotal role in combating corruption," Kubayi explained. The introduction of the Whistleblower Protection Bill in Parliament is expected within this financial year.

 

Minister Kubayi’s address underscores the South African government’s steadfast resolve to eliminate corruption through institutional reforms, enhanced prosecutorial capacity, rigorous vetting, and robust whistleblower protections. These measures are designed to restore public trust, ensure accountability, and safeguard resources for the nation’s development.