A comparative analysis of the implementation of anti-corruption legislation by anti-corruption agencies in the provinces of the Eastern and Northern Cape
Abstract
Many countries experience various degrees of corruption. South Africa is no exception.
The undeniable fact is that corruption cannot be reckoned as a mere country- or regionspecific
problem; it is a far wider phenomenon. However, there has been a growing
global movement to condemn corrupt practices, resulting in the removal of certain
leaders from office. South Africa has formulated and promulgated legislation that is
considered an international example of good practice and has established agencies for the
purpose of combating corruption. The Institute for Security Studies (2007:1) proposes
that anti-corruption legislation, if enforced, should equip the country’s anti-corruption
agencies with a tool that could effectively be utilised as a punitive instrument for
offenders and a deterrent for those contemplating corrupt activities.
This article examines whether anti-corruption agencies are apolitical and capable of
detecting and punishing corruption or whether they are only a response to international
demands by international agreements. In this regard the United Nations Convention
against Corruption, the SADC Protocol against Corruption and the African Union
Convention on Preventing and Combating Corruption are discussed.
The article concludes with recommendations based on an empirical survey of anticorruption
legislation and anti-corruption agencies conducted in the Eastern Cape and
Northern Cape Provinces.