By Colette Ashton

Strengthening existing institutions, prioritising prevention and engaging the private sector are needed to end corruption.

This report analyses South Africa’s anti-corruption institutions in relation to international good practice. It highlights problems with their functional independence and organisational culture. It identifies a serious gap in the area of prevention. Among the recommendations are that South Africa undertake feasible, incremental improvements to existing institutions and engage the private sector to help prevent and detect corruption.

Key findings There is insufficient empirical research on corruption in South Africa to inform context sensitive policy reform. Anti-corruption institutions are governed by a parallel informal system of social norms held in place by incentives such as promotion and disincentives such as bullying. This organisational culture prioritises obedience to authority over ethics, eroding integrity. A culture of mistrust and competition exists between law enforcement agencies, hampering collaboration. Feasible, incremental reforms of anti-corruption institutions are needed in the short term, focusing on organisational culture. Recommendations Strengthen existing agencies Amend the National Prosecuting Authority Act so that: the National Director of Public Prosecutions (NDPP) is the accounting officer; the budget is allocated by Parliament; there are merit-based appointment processes and security of tenure for senior leaders; and the NDPP has control over human resources. Develop context-sensitive prosecutorial prioritisation policy that focuses on the criteria of redress for economic harm and is mindful of the need for political stability. Revise performance targets of law enforcement agencies to incentivise cooperation, not competition. Build cultures of integrity, trust and cooperation in and among anti-corruption agencies. Prioritise prevention Work towards an independent anti-corruption prevention agency. Urgently provide the Public Administration Ethics Integrity and Disciplinary Technical Assistance Unit in the Department of Planning, Monitoring and Evaluation with increased funding and independence. 2 The NPA should be given control over its own budget and human resources, which are currently controlled by the Department of Justice and Constitutional Development. Effective anti-corruption agencies in developing countries may trigger political instability. Political stability is a precondition for economic growth, which in the long term creates conditions for more effective anti-corruption institutions. Equitable economic development is a precondition for the transformation of more economically harmful types of corruption, e.g. plunder, into less harmful types, e.g. lobbying. The private sector is a key partner for government in the prevention and detection of corruption. Prioritise integrity in government by promoting ethical employees. Prioritise corruption prevention in the South African Police Service. Change the incentive structure for the private sector Introduce a statute providing for non-trial resolutions of corporate corruption cases to incentivise companies to self-police corruption. Develop capacity in the Companies and Intellectual Property Commission to support companies to develop effective anti corruption compliance programmes. Partner with the private sector to run collective action programmes in key sectors such as health, construction and shipping. Research Conduct a risk analysis for a proposed Chapter 9 anti-corruption super-agency with investigative and prosecutorial powers. Conduct research into a two-track criminal and administrative anti-corruption enforcement system. Conduct more empirical, sector-specific research into corruption

Pretoria: Institute for Security Studies, 2024. 28p,

By Colette Ashton

Developing country theorists claim that strategies should focus on human behaviour and economic incentives, not legal measures.

To remedy systemic corruption in South Africa, policymakers must look beyond the discourse of transparency and accountability to emerging anti-corruption theory. Policy research in this field should be multi-disciplinary, grounded in empirical research and informed by decolonial thought. There is a need for more research into the unique types and drivers of corruption at national, local and sector-specific levels, to inform policy reform.

Key findings There is international consensus that anti-corruption reforms often fail or backfire, particularly in developing countries. The dominant Western good governance approach should be supplemented by theory emerging from other schools of thought from developing countries. The good governance approach recommends transparency and accountability, prioritising better laws and improved enforcement as the primary solutions. Theorists from developing countries claim that where there is systemic corruption, it is more helpful to focus on human behaviour and economic incentives to prevent corruption. Legalistic measures tend to be one-dimensional, ineffective and sometimes harmful. Recommendations Government should: Reconsider policies in light of emerging theory and evidence from global anti- corruption practices. Develop a strategy for communicating alternative perspectives and approaches to heads and staff of anti-corruption agencies and other government institutions. Researchers should: 2 Conduct localised and sector-specific empirical research into corruption in South Africa. Conduct qualitative research into the social norms governing government institutions and the private sector. Critically analyse the South African anti corruption discourse through a decolonial lens. Social norms – what people expect others to do – are the unwritten rules governing institutions and are a primary driver of corruption. For many, obeying these rules is a logical response to structural conditions, including economic incentives and disincentives. Research shows that most people are inclined to behave ethically if their environment facilitates it. Reframing corruption as a collective action problem, where policy is designed to influence the behaviour of groups, is likely to result in more effective anti-corruption initiatives. Economic development that delivers more equitable distribution of opportunities and wealth is a precondition for building a state with the capacity to reduce corruption. Determine who the rule-following elites are and devise ways to incentivise them to exert pressure on non-rule-following elites. NGOs should: Develop partnerships with institutions working with alternative theoretical/policy approaches. Explore opportunities for cooperation with business and government in developing sector specific anti-corruption projects. Develop and execute a strategy for communicating alternative perspectives to civil society and media, and in doing so, highlight success stories. Develop pilot anti-corruption reform projects based on emerging alternative perspectives

Pretoria: Institute for Security Studies, 2024. 12p.