Failure to report corruption is now officially a crime in South Africa.
The new Judicial Matters Amendment Bill has proactively added a clause to South Africa’s main anti-corruption law, the Prevention and Combating of Corrupt Activities Act (PRECCA). This clause now makes it an offence to fail to prevent corrupt activities, empowering individuals to take action.
Clause 23 suggests adding a new section 34A to the Prevention and Combatting of Corrupt Activities Act, 2004. This addition aims to address situations where members of private companies or state-owned entities fail to prevent corruption. The idea for this change comes from a recommendation by the Judicial Commission of Inquiry into Allegations of State Capture, Corruption, and Fraud (The Zondo Commission to you and me).
This is great news, especially since the government has been notoriously slow to implement recommendations set by the commission, with even the South African Council of Churches lambasting the state last year for failing to hold those responsible to account.
Speaking to BusinessTech, Steven Powell and Adrian Roux, forensic experts at ENS Africa, say that the introduction of this clause was a significant change in SA’s anti-corruption efforts, aligning the country with International standards.
Anti-corruption arrests have ramped up in the country in recent months, with one notable case being that of disgraced parliamentary speaker Nosiviwe Mapisa-Nqakula, who was arrested and is facing 12 counts of corruption and one of money laundering. Mapisa-Nqakula was granted bail of R50 000 and will appear again in court on 4 June 2024.
Here’s hoping that more is done to speed up the corruption that continues to chip away at South Africa.
