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A comparative analysis of anti-corruption legislation and anti-corruption agencies in the Eastern Cape and Northern Cape provices : a governance perspectiveMajila, Victoria Thozama January 2012 (has links)
This thesis analysed and compared the effectiveness of the anti-corruption legislation and anti-corruption agencies in the Eastern Cape and Northern Cape provinces. The thesis consists of six chapters. This study is based on the assumption that the struggle against corruption is best approached by developing a system of laws, institutions and supporting practices which promote integrity and make corrupt conduct a high-risk activity. It is imperative that a systemic approach is embarked upon in order to address the manner in which the major institutions and processes of the state are conquered and exploited by corrupt individuals and groups. With the magnitude in which hurdles exist that hamper the effectiveness of the country's anti-corruption legislation and anti-corruption agencies; South Africa is incapable of curbing corruption. With the purpose to determine a desired state of affairs, characteristics of effective anti-corruption agencies and anti-corruption legislation were presented. These served as a yardstick in measuring how effective such agencies and legislation are in South Africa. Reasons for failure of agencies and legislation are discussed. After discussing types of anti-corruption agencies, those that perform better than ix others were identified. Through literature review, the status quo concerning anti-corruption initiatives in South Africa was assessed. It was revealed that the level of the success of South African anti-corruption agencies and legislation has been limited. In the case of anti-corruption agencies, weaknesses such as fragmentation; insufficient coordination; poor delineation of responsibility; and assimilation of corruption work into a broader mandate were identified as major causes. Measures that are needed, such as informed citizens; a need to foster and sustain high levels of professional and ethically imbued civil servants; and legislation that supports the transition towards a corruption-free society that are needed to complement implementation of anti-corruption legislation, were also recognised. Ways of addressing such shortcomings that the writers identified are also presented. The methodology and design followed in the study are described. This is followed by the analysis and interpretation of the survey. The research findings are then presented. Based on the findings a number of recommendations that would assist in improving the effectiveness of anticorruption agencies and anti-corruption legislation are made. Flowing from the discussion of effective anti-corruption models that were identified by literature a model that would be ideal for South Africa is recommended.
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Fighting corruption in the South African public sector with special reference to costs and impactBalia, Daryl M. 28 February 2005 (has links)
Corruption, understood as the misuse of public office for private gain, has become a matter of global concern. Numerous measures being taken, not least in South Africa, to contain its spread are increasingly regarded as attempts in "fighting corruption". The South African public sector provides the context for this study where manifestations of corrupt behaviour may be observed and analysed. Particular attention is given to the role, relevance and costs which, as this study shows, must first be calculated in monetary terms as a fiscal end in order for the task of fighting corruption to produce a sustainable impact. The national strategy developed by the South African government has been compromised by the absence of sufficient resources being committed from the national fiscus for its implementation. It is misleading to assume that new laws and tighter regulations will of themselves serve to deter corrupt practices. One notices a plethora of public administration reforms being initiated to control and prevent corruption in line with international best practice. Yet, as this study concludes, such efforts even at higher fiscal cost will not necessarily contribute to reduced corruption. No attempt should be made to create a situation of a "zero tolerance" level of corruption as this is not possible. Ultimately, the challenge for the South African public sector is to seek ways of rationalising existing resources such that a single agency led by someone with moral authority can be vested with powers to lead the fight against corruption. / Public Administration / (D. Litt. et Phil. (Public Administration)
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Fighting corruption in the South African public sector with special reference to costs and impactBalia, Daryl M. 28 February 2005 (has links)
Corruption, understood as the misuse of public office for private gain, has become a matter of global concern. Numerous measures being taken, not least in South Africa, to contain its spread are increasingly regarded as attempts in "fighting corruption". The South African public sector provides the context for this study where manifestations of corrupt behaviour may be observed and analysed. Particular attention is given to the role, relevance and costs which, as this study shows, must first be calculated in monetary terms as a fiscal end in order for the task of fighting corruption to produce a sustainable impact. The national strategy developed by the South African government has been compromised by the absence of sufficient resources being committed from the national fiscus for its implementation. It is misleading to assume that new laws and tighter regulations will of themselves serve to deter corrupt practices. One notices a plethora of public administration reforms being initiated to control and prevent corruption in line with international best practice. Yet, as this study concludes, such efforts even at higher fiscal cost will not necessarily contribute to reduced corruption. No attempt should be made to create a situation of a "zero tolerance" level of corruption as this is not possible. Ultimately, the challenge for the South African public sector is to seek ways of rationalising existing resources such that a single agency led by someone with moral authority can be vested with powers to lead the fight against corruption. / Public Administration and Management / (D. Litt. et Phil. (Public Administration)
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Comparing anti-corruption strategies in South Africa's Western and Eastern Cape Provinces.Cwati, Sizathu Tosca January 2004 (has links)
In its new democracy, South Africa is busy making endeavours to transform and correct the wrongs and problems of the past. In the process it is vital that obstacles to development such as corruption in the public sector should be uprooted as they inhibit quality service delivery and further damage the name of the public service.<br />
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This study compares anti-corruption strategies in South Africa&rsquo / s Western and Eastern Cape provinces, in particular by looking at both the achievements and limitations that have been experienced. The focus area is the provincial administrations in both provinces. In order to contextualise the evaluation of the anti-corruption strategies pursued by the two provincial administrations, the study also includes an examination of the role of provinces in general in combating corruption.<br />
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The research methods employed include a detailed survey of documentation published by the provincial governments&rsquo / anti-corruption agencies, as well as reports by civil society organizations focusing on corruption in the public sector. The study also draws on semi-structured interviews conducted with key stakeholders in the two provinces.<br />
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The study concludes by summarizing the successes and limitations of the two provincial administrations in dealing with corruption. A number of practical recommendations are provided to strengthen the future design and implementation of anti-corruption strategies.<br />
The empirical research for this research report was carried out in 2003 before the national and provincial elections of 2004.
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Comparing anti-corruption strategies in South Africa's Western and Eastern Cape Provinces.Cwati, Sizathu Tosca January 2004 (has links)
In its new democracy, South Africa is busy making endeavours to transform and correct the wrongs and problems of the past. In the process it is vital that obstacles to development such as corruption in the public sector should be uprooted as they inhibit quality service delivery and further damage the name of the public service.<br />
<br />
This study compares anti-corruption strategies in South Africa&rsquo / s Western and Eastern Cape provinces, in particular by looking at both the achievements and limitations that have been experienced. The focus area is the provincial administrations in both provinces. In order to contextualise the evaluation of the anti-corruption strategies pursued by the two provincial administrations, the study also includes an examination of the role of provinces in general in combating corruption.<br />
<br />
The research methods employed include a detailed survey of documentation published by the provincial governments&rsquo / anti-corruption agencies, as well as reports by civil society organizations focusing on corruption in the public sector. The study also draws on semi-structured interviews conducted with key stakeholders in the two provinces.<br />
<br />
The study concludes by summarizing the successes and limitations of the two provincial administrations in dealing with corruption. A number of practical recommendations are provided to strengthen the future design and implementation of anti-corruption strategies.<br />
The empirical research for this research report was carried out in 2003 before the national and provincial elections of 2004.
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Dismissal of members of the South African Police Service for criminal convictionsDeysel, Petrus Gerhardus January 2015 (has links)
The dawn of democracy failed to bring legitimacy to the Police Service. Public and political debate seriously lambasted the Police Service for criminal offences committed on and off duty by police officials which pertained to the infringement on the individual rights regarding personal safety and the right to own property. The outcry against criminal offences by police officials forced the Police Service to deal decisively with criminality in the Police Service by means of fitness boards. While the government and public approved of the attempts to rid the Police Service of criminality it was met with union resistance in the Eastern Cape and defeat in the Labour Court. Different legislation, internal arrangements and case law were observed in this study. The purpose was to determine the strength or weaknesses if any of the applicable legislation and internal arrangements which contributed to a finding against the Police Service in the Labour Court.
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Money matters:an anthropological perspective on corruption and consumption in the policeGovindsamy, Leanne January 2019 (has links)
A research report submitted in partial fulfilment of the requirement for the degree of Master of Arts to the Faculty of Humanities, University of the Witwatersrand, 2019 / This research paper explores corruption within the South African Police Services, with a focus on non-commissioned police officers working at the Honeydew Police Station. Utilising ethnographic research in observing the spaces in which the police officers worked and conducting interviews with various participants, I was guided towards a specific approach to understanding corruption in the police, one which places class and consumption at the centre of my research. This paper therefore delves into whether class and consumption influences the choices of police officers and any involvement in unlawful activities. By adopting a particular ethnological perspective in the study of corruption, this research paper interrogates often-overlooked aspects of police officers daily lives and experiences which I think are vital in being able to understand corruption in the police. / NG (2020)
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Combating corruption while respecting human rights : a critical study of the non-conviction based assets recovery mechanism in Kenya and South AfricaObura, Ken Otieno January 2014 (has links)
The thesis contributes to the search for sound anti-corruption laws and practices that are effective and fair. It argues for the respect for human rights in the crafting and implementation of anti-corruption laws as a requisite for successful control of corruption. The basis for this argument is threefold: First, human rights provide a framework for checking against abuse of state’s police power, an abuse which if allowed to take root, would make the fight against corruption lose its legitimacy in the eye of the people. Second, human rights ensure that the interest of individuals is catered for in the crafting of anti-corruption laws and practices thereby denying perpetrators of corruption legal excuses that can be exploited to delay or frustrate corruption cases in the courts of law. Third, human rights provide a useful framework for balancing competing interests in the area of corruption control – it enables society to craft measures that fulfils the public interest in the eradication of corruption while concomitantly assuring the competing public interest in the protection of individual members’ liberties – a condition that is necessary if the support of the holders of these competing interests is to be enlisted and fostered in the fight against corruption. The thesis focuses on the study of the non-conviction based assets recovery mechanism, a mechanism that allows the state to apply a procedure lacking in criminal law safeguards to address criminal behaviour. The mechanism is thus beset with avenues for abuse, which if unchecked could have debilitating effects not only to individual liberties but also to the long term legitimacy of the fight against corruption. In this regard, the thesis examines how the human rights framework has been used in Kenya and South Africa to check on the potential dangers of the non-conviction based mechanism and to provide for a proportional balance between the imperative of corruption control and the guarantee against arbitrary deprivation of property. The aim is to unravel the benefits of respecting human rights in the fight against corruption in general and in the non-conviction based assets recovery in particular. Kenya and South Africa are chosen for study because they provide two models of non-conviction based mechanisms with different levels of safeguards, for comparative consideration.
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Governance challenges in combating supply chain management corruption in Ekurhuleni Metropolitan MunicipalityLegodi, Lesetja Freddy January 2017 (has links)
Research report presented in partial fulfilment of the requirements for the degree of Master of Management in Public Policy in the Faculty of Commerce, Law, and Management at the University of Witwatersrand
Degree of Confidentiality: A
Date: March 2017 / This dissertation is set out to investigate corruption-related challenges within the procurement and Supply Chain Management practices in the Ekurhuleni Metropolitan Municipality that hinder good practices and the promotion of good governance and offers insight on how those challenges could be addressed. A research design adopted is descriptive case study through a qualitative method approach which was influenced by the nature of the research problems understudy, in order to uncover trends in thought and opinions, and dive deeper into the problem, using in-depth interviews.
The findings of the study or the identified challenges that are associated with procurement and SCM processes in the Ekurhuleni Metropolitan Municipality are a lack of capacity (skilled), inconsistent Bid Committee processes, lack of appraisal systems, ineffective technologically advanced SCM systems (E-procurement), lack of SCM monitoring tools, and lack of training programs for personnel.
The study was meant to investigate corruption-related challenges within the procurement and Supply Chain Management practices in Ekurhuleni Metropolitan Municipality that hinder good practices and the promotion of good governance, with the focus being on issues of accountability, rule of law, ethics and integrity, and transparency as principles of good governance and elements of anti-corruption measures in curbing corruption.
The findings highlight the challenges that are likely to hinder good governance; and with a clear bigger picture of what the challenges are, then that would pave a way for what could to be done, especially in the procurement and Supply Chain Management Unit of the Municipality to abate corruption-related activities. / MT2017
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An investigation into fraud and corruption risk management policies and procedures at institutions of higher learningMakhooane, Stephen Malefane January 2012 (has links)
Fraud and corruption cost South Africa billions of rand yearly. Institutions of higher learning are no less vulnerable to fraud and corruption than other organisations, but are also subject to risks that are unique to academia. The Public Finance Management Act. No.1 of 1999 requires Public entities including the councils (university or college controlling body) of public institutions of higher learning to adopt enterprise risk management, which includes a fraud and corruption risk management policy and procedures. The function of the fraud and corruption policy is to provide an objective strategy to prevent, detect and investigate any possible irregularity in order to prevent further loss in line with Corporate Governance requirements. The anti-fraud and corruption strategy measures include setting the appropriate tone by management of the institution, being proactive (fraud risk assessments), and being reactive (reporting process, investigation and taking appropriate action). The actions include disciplinary action and criminal or civil proceedings in order to recover assets lost. The procedures address the implementation of the policy. This research focused on identifying the relevant issues that could be included in the formulation of fraud and corruption risk management policies and procedures for institutions of higher learning. The research was conducted using a qualitative methodology consisting of a document analysis and interviews. It was found that, out of eleven institutions of higher learning investigated only one institution meets the criteria set out in the framework developed in the research as an assessment tool. The other institutions involved in the research did not have fraud and corruption risk management policies or procedures and therefore did not comply with the Public Finance Management Act.
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