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#BizTrends2025: The fight against corruption in South Africa
Despite local and global efforts to fight corruption, it continues to thrive in the majority of countries around the world. According to Transparency International’s 2023 report, corruption remains a global epidemic that is showing no signs of slowing down. In fact, 23 countries have fallen to their lowest-ever perceived level of corruption in terms of the Corruption Perceptions Index (CPI).
Michelle Rawlinson and Melissa Steele, Nortons Inc
The CPI measures the perceived level of corruption in a particular country by using a scale ranging from 0 (highly corrupt) to 100 (very clean). In 2023, South Africa’s CPI is reported to have dropped to a 12 year low of 41, on par with countries such as Burkina Faso, Kosovo and Vietnam, and two points below the global average of 43.
Rule of Law Index
In October 2024, the World Justice Project (WJP) released its Rule of Law Index for 2024 and the picture it paints is grim, but not only for South Africa.
The WJP Rule of Law Index measures how the rule of law is experienced and perceived worldwide. It takes into account eight factors, including constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.
In a press release issued on 23 October 2024, the WJP reported that the rule of law has declined globally for the 7th year in a row, and has weakened in 57% of countries. However, the WJP also reported that the global rule of law recession is slowing and there has been some progress in relation to the fight against corruption.
SA’s absence of corruption score
Unfortunately, South Africa is not one of the countries that has experienced an improvement in its index score for absence of corruption in government.
The WJP’s absence of corruption score considers three forms of corruption: bribery, improper influence by public or private interests, and misappropriation of public funds or other resources. These forms of corruption are considered in relation to four categories of government officials – those in the executive, judicial, police and military, and legislative branches of government.
South Africa scores relatively well in relation to the judicial branch, but has a particularly poor score in relation to the conduct of officials in the executive and legislative branches.
’Entrenched’ corruption
These results appear to accord with commentary by former Constitutional Court judge, Justice Richard Goldstone, in an opinion piece recently published in the Business Day, in which he expresses the view that, despite a strong legal framework, corruption has become entrenched in South Africa, particularly in relation to public procurement and state-business relations.
He is of the view, however, that the fight against corruption in South Africa will be bolstered by the establishment of the International Anti-Corruption Court (IACC).
International Anti-Corruption Court
The IACC was first proposed in 2012 by a senior US Judge Mark L. Wolf, who has since campaigned for the establishment of the court through an NGO, Integrity Initiatives International, which he founded together with Justice Goldstone. The main purpose of the IACC will be to strengthen enforcement of criminal laws against corrupt leaders.
According to the IACC website, the need for an international anti-corruption court, is not due to a lack of anti-corruption legislation, but because corrupt leaders are able to influence the administration of justice in their own countries.
The intention appears to be for the IACC to enforce existing national anti-corruption legislation, or a new international counterpart to them. It is intended to be a court of last resort to complement existing structures, and would only prosecute kleptocrats in circumstances where a member state is unwilling or unable to prosecute them.
Garnering support
The obvious question is why kleptocrats would voluntarily sign up to the establishment of a court, which is ultimately intended to prosecute them.
The IACC’s proposed solution in this regard is to obtain the support of as many member states as possible, particularly those states that are major financial centres for the laundering of proceeds of corruption, and countries favoured by kleptocrats as destinations to invest their ill-gotten gains.
Provided these states are willing to participate, the IACC could potentially be very effective, as it would have jurisdiction to prosecute crimes if any element of the crime was committed within a member state.
Declaration for establishment
According to the IACC’s website, there has been increasing support for the establishment of the court, with a number of leaders and other influential individuals signing a declaration supporting the initiative.
The declaration calling for the establishment of the IACC, which was first released in June 2021, has been signed by more than 300 world leaders from over 80 countries, including a number of prominent South Africans, among them former Constitutional Court justices, respected lawyers and business people, and representatives of various anti-corruption initiatives in South Africa.
Despite some seeking to criticise the initiative, it would appear that the potential establishment of the IACC would be a positive development for the fight against corruption in South Africa.
About Michelle Rawlinson and Melissa Steele
Michelle Rawlinson and Melissa Steele, Nortons Inc