Johannesburg - National Anti-Corruption Advisory Council chairperson Firoz Cachalia has emphasised that accountability by top officials is paramount to getting rid of corruption.
President Cyril Ramaphosa appointed the council in August to strengthen the country’s fight against fraud and corruption, just after the Zondo Commission, which cost taxpayers R1 billion, concluded last year.
"We can arrest people, and we should be arresting them. But you have to secure conviction; you need effective investigations; you need effective prosecution,“ said Cachalia.
“A lot of these crimes are complex. Those who have been charged with corruption often have deep pockets. They can hire the most expensive and most capable lawyers.”
“So let's be clear: our challenge is to build the capacity of the NPA, Hawks, and SIU to investigate and prosecute criminal conduct, and it is very clear that we are not yet in a position to ensure that all corruption is effectively investigated and the prosecution secures a conviction," said Cachalia.
He was speaking to “SAfm” yesterday, following the council’s meeting with Ramaphosa on the government’s response to the recommendations of the Zondo Commission.
Cachalia said that the SIU has important functions to intervene before corruption happens or to dismantle systematic corruption.
The commission, chaired by Chief Justice Raymond Zondo, issued a report with a number of recommendations, among them that there should be a new institution focused on procurement fraud.
"We were considering that recommendation. It made the recommendation that there should be a new institution focused on whistle-blower protection.
“Whistle-blower protection is a very important priority. They increasingly find themselves in very vulnerable situations, and some of them are being killed. So we are looking at that proposal," said Cachalia.
Gauteng Health Department official Babita Deokaran was assassinated for exposing R1 billion worth of irregular tenders issued at the Tembisa Hospital in 2021.
"Let’s take a situation like we have in Tembisa Hospital, if you focus only on investigations and prosecution of individuals... (inaudible) in a sense, it is too late. So we need to be able to go into institutions, conduct forensic investigations, identify culprits where necessary, but also change the structure of the way that administration actually works in order to prevent corruption," said Cachalia.
When asked if there is capacity to change the structures since most whistle-blowers pay with their livelihoods or lives, Cachalia said that the SAI and Asset Forfeiture Unit (AFU) have an important function. For instance, to enter an institution, it requires a presidential proclamation to conduct an investigation.
"But I would say that there's a huge gap, so we need to strengthen those powers. We may need a new institution, and that takes time. We should recognise that fighting corruption is not only a priority but also that there is no magic bullet. This is going to take effort, focus, an active citizenry, and criticism of government," he said.
When this council was appointed, a number of South Africans said they had no confidence and demanded that the culprit be sent to jail.
"I fully understand the frustration of our people and their scepticism. So where do we go from here? We need to work together, rebuilding institutions and establishing new ones when necessary.
“For instance, the Zondo Commission has recommended that we need a permanent type of body similar to the commission to be able to conduct investigations on an ongoing basis. So I would say that we are currently not in a position to fight corruption effectively.
“There are some important steps. There are some foundations to build on. But we're not in a position yet to be confident that we're winning this battle," said Cachalia.
Earlier this month, Cope renewed its calls for Ramaphosa to implement the recommendations of the Zondo Commission report.
The party said it was disturbed and was starting to doubt that Ramaphosa was really serious about implementing the recommendations of the Zondo report.
Ramaphosa’s spokesperson Vincent Magwenya came to the defence of his principal in October last year, saying the president had tabled the government's implementation plan on the Zondo Commission to Parliament.
The Star