Where do we go from here South Africa, can we defeat corruption?

‘He who fights with monsters should be careful lest he thereby become a monster. And if thou gaze long into an abyss, the abyss will also gaze into thee’ (Friedrich Nietzsche (translated by Helen Zimmern) Beyond Good and Evil (Create Space Independent Publishing Platform 2016)). These words expressed by Friedrich Nietzsche, echo with an abundance of might in relation to the current position South Africa (SA) finds itself in regarding corruption. It is no secret that SA as a nation has its roots heavily laden in a history of disproportion and inequality. A history that needed to be overcome, and as a result, has seen to it that various laws have been implemented to assist in addressing existing past inequitable disproportions in society. The issue though, is that SA currently faces the threat of losing its new identity of opportunity, and resembling that of the past – that which saw to it that a minor few benefit, at the peril of the rest.

In the wake of the latest acts by the South African government (ranging from various issues such as contentious cabinet reshuffles, to inadequacy in delivery of basic services such as the payment of social grants), a question has to be asked: Are we are doing enough as a nation to curb corruption? The introduction of the Protected Disclosures Amendment Bill (the Bill) promises some hope in this respect. The Bill attempts to extend the application of its principal Act, the Protected Disclosures Act 26 of 2000, beyond the employer and employee relationship. One has to realise that the country currently faces corruption at both public and private sector levels, and an immediate eradication in its entirety is what should be the objective. It is for this reason that we need to protect and encourage individuals to come to the fore and expose dealings that have an adverse effect on business as a whole.

The Bill serves the purpose of strengthening its application to any person who works or has in the past worked for the state, by protecting employees in both public and private sectors from being subjected to ‘occupational detriment’ as a result of making a ‘protected disclosure’. The occupational detriment an individual can encounter includes: Being subjected to disciplinary action; dismissal; suspension; harassment; intimidation; demotion; transferals; refusal of references; as well as being subjected to any civil and criminal claim for an alleged breach of confidentiality as a result of the disclosure of a criminal offence. The Bill also places a legal obligation on individuals in terms of which a protected disclosure, has been made (within 21 days) to investigate the matter or refer the matter to another person or appropriate body that can adequately deal with that protected disclosure. Conversely, the Bill seeks to also act as a deterrent to individuals disclosing false information.

The impact that the Bill will have is colossal. Individuals in the private and public sector would then be encouraged to voice their concerns about the conduct that they have witnessed without fear of reprisal. The power positon that the state and private entities have over individuals will thus be diminished, and we can call for greater transparency in the manner in which the affairs of business and the state are administered. This diminished perceived power will be greatly assisted by the legal obligation to investigate reported disclosures in that individuals do not have to fear that their concerns will fall to unresponsive ears, or that the wheel of corruption will continue rotating indefinitely.

This is what the country needs, what it should strive for and what it deserves. These are the words that should be the mantra that echoes through every South Africans’ subconscious. Ultimately, accountability will be a realisable outcome and SA can return its focus to achieving its deserved zenith of greatness.

To reiterate the postulated question of whether we are doing enough as a country to curb the disease of corruption? I say we definitely have the mental prowess, now let us execute.

Thabo Mahlare, candidate attorney, Pretoria.

This article was first published in De Rebus in 2017 (June) DR 4.