?African Anti-Corruption Day is celebrated annually on 11 July. In an opinion piece for the Daily Maverick, Profs Chris Jones (Unit for Moral Leadership) and Pregala Pillay (School of Public Leadership / Anti-Corruption Centre for Education and Research of Stellenbosch 肆客足球 – ACCERUS) write that this day is an opportunity for us to celebrate whistleblowers who often risk life and limb to free society of corruption.
- Read the original article below or click here for the piece as published.
Chris Jones & Pregala Pillay*
Celebrated annually on 11 July, African Anti-Corruption Day is an opportunity for us to reflect on how corruption hampers efforts to lift millions of Africans out of poverty, provide food, education, jobs and basic services to many across the continent. On this day, we also celebrate those anti-corruption fighters who often risk life and limb to free society of this scourge.
One group that deserves a special mention is whistleblowers. It is, therefore, fitting that this year's theme “Effective Whistleblowers Protection Mechanism: A Critical Tool in the Fight Against Corruption" recognises the role of whistleblowers.
In this article, we focus on the importance of whistleblowing, the lack of proper protection of whistleblowers, and coupled with this, the need for a “new Chapter 9 institution with preventative, investigative, prosecutorial and educative powers to properly combat corruption wherever and whenever it occurs".
Accountable and ethical society
Contemporary societies, as we all know very well, are often confronted by public sector corruption and bad governance that necessitate effective whistleblowing mechanisms. It is against this background that the whistleblowing phenomenon is gaining an increased momentum in anti-corruption circles, not only in Africa, but across the world.
Closer to home, the challenges of state capture and COVID-19 corruption signified an increased recognition of the roles of whistleblowers as agents of reducing corruption, maladministration and bad governance in the public and private sectors.
Whistleblowers, in short, include individuals who report wrongdoing, corruption and ethical violations that are committed against the public by those occupying the positions of power in the government and/or private spheres. Accordingly, when experiencing degenerative conduct, the public sector employees and others may respond broadly in three different ways:
- Exit: this is the common response to dissatisfaction within an organisational setting. For instance, vacating a position by resignation or transfer.
- Raise concern: expressing concern or grievance about an unfair and unacceptable situation. It is a common way to address a dysfunctional system that allows the organisation to seek corrective measures in order to heal itself. This act is synonymous with the practice of whistleblowing. Former public protector Thuli Madonsela, who is now the Chair in Social Justice and Law Professor at Stellenbosch 肆客足球, recently used the word “graft-blocker" at the Gender and Corruption Symposium held at the Stellenbosch Business School. A graft-blocker, according to her, is even more effective than a whistleblower, because “nothing can move until you are removed".
- Loyalty: in this situation, individuals may resort into complete or partial compliance with unacceptable behaviour in the organisation.
A key challenge affecting the fight against corruption is citizens' fear of blowing the whistle because of the ineffective legal protection in South Africa. The case of Babita Deokaran, former acting chief financial officer at the Gauteng Department of Health, highlights the limitations in the protection available to employees who “blow the whistle" in South Africa. According to Madonsela, Deokaran was a very good example of a “graft-blocker".
In other parts of the African continent, the treatment of whistleblowers also indicates the lack of their protection, grey areas and serious gaps in legislative and policy frameworks. In the words of whistleblower Edward Snowden: “the public needs to know the kinds of things a government does in its name, or the 'consent of the governed' is meaningless…The consent of the governed is not a consent if it is not informed".
Where do we go from here?
In 1967, Martin Luther King Jr wrote a book with the title Where Do We Go from Here: Chaos or Community? The subtitle is quite appropriate. Advocate Paul Hoffman, director of Accountability Now, used this trendy phrase as the title of a chapter in Under the Swinging Arch. In order to create and promote an accountable and ethical society, we need to tackle the culture of entitlement, according to Hoffman. The Kenyans call it the “our turn to eat" syndrome. He says the “impunity of those clearly behaving corruptly is colluding to bring our [continent] to grief".
South Africa's Constitutional Court, as long ago as March 2011, warned: “[t]here can be no gainsaying that corruption threatens to fell at the knees virtually everything we hold dear and precious in our hard-won constitutional order. It blatantly undermines the democratic ethos, the institutions of democracy, the rule of law and the foundational values of our nascent constitutional project. It fuels maladministration and public fraudulence and imperils the capacity of the state to fulfil its obligations to respect, protect, promote and fulfil all the rights enshrined in the Bill of Rights. When corruption and organised crime flourish, sustainable development and economic growth are stunted. And in turn, the stability and security of society is put at risk".
The late Archbishop Desmond Tutu summed up our situation best: “[today] our world faces unprecedented levels of immorality, inequity, intolerance, insecurity, prejudice, greed, corruption – and impunity. Righteous people are asking: What do we do to turn back the tide of hatred, corruption and destruction? To whom do we turn for peace and security, for morality, and environmental and social sustainability?"
Many states in Africa won't correct themselves. Targeted intervention is needed. Citizens must take charge of their destiny. We agree with Hoffman that more than an internal integrity committee of the ANC is required to address corruption effectively.
The Hawks and the National Prosecuting Authority (NPA) have failed the country on state capture prosecutions and convictions. According to Corruption Watch, they “operate far below their capacity and consequently are failing in their duties to uphold the law".
We want to support Hoffman when he reasons that a “constitutional Integrity Commission … with the public auditing functions of the Auditor-General and the investigations of public maladministration by the Public Protector … could be a winning formula if the political will to pass laws necessary can be mustered".
Let us not fool ourselves — corruption in the public sector is theft from the poor. Money needed to, among other things, address poverty, inequality and unemployment, fills the pockets of those involved in corrupt activities. And, to add insult to injury, they flaunt their ill-gotten gains and spit in the face of the poor.
When we can succeed in effectively protecting whistleblowers, and if we can create an Integrity Commission to prevent, combat, investigate and prosecute serious corruption, we as a nation will be enabled to take the high road to the future.
On African Anti-Corruption Day and beyond, we must realise anew that we all have a role to play to make our communities and countries a better place. On this day, we also honour those around the world who paid with their lives by blowing the whistle. They influenced change for the good in our world.
*Prof Chris Jones heads the Unit for Moral Leadership in the Faculty of Theology at Stellenbosch 肆客足球. Prof Pregala Pillay is a Professor in the School of Public Leadership and Director of the Anti-Corruption Centre for Education and Research of Stellenbosch 肆客足球 (ACCERUS).?
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