Thesis (M. A. (Political Science)) -- University of Limpopo, 2022 / State capture in South Africa became the talk of the day in the mainstream media and social media alike. This was the case following state capture report (herein after referred to as ―the report‖) released by former public protector Thuli Madonsela which shed a light about the close relationship between former president Jacob Zuma and the Gupta family. The report alleged that the Gupta family played a role in appointing and offering ministerial positions to those who would bid for them in government procurements and tender awarding. This study seeks to analyse whether or not the state capture controversy in the context of the Zuma-Gupta family is a political manoeuvrings or economic contestations between the business competitors (White establishments and the Gupta family). The existing literature on the state capture narrative looks more at the Gupta family‘s ties with former President Jacob Zuma, highlighting their tumultuous relationship. The dissertation does not justify the Guptas‘ wrongdoings or nepotism, but it showcases that the State Capture narratives has been bolstered by those opposed to economic development. In terms of methodology, the study used qualitative and content analysis to examine the South African state capture debate

The research entailed an exploration of the reasons behind corruption and related offences in selected Gauteng police stations of the South African Police Service (SAPS). Corruption refers to the illegal and unlawful activities performed by police officials when they enrich themselves by taking money and other valuable property from offenders, victims and other people they come into contact with. The participants in this study were purposefully chosen and comprised of two groups. The first group included ex-police officials convicted and sentenced for committing corruption and related offences. The second group were active police officials suspected to have committed corruption and related crimes and some in this group were dismissed by disciplinary tribunals. The research was done at four of the police stations in Gauteng Province. There were 18 participants interviewed and nine were chosen from these police stations, with the remaining nine from two correctional facilities in Gauteng. The participants were asked an open-ended question which aimed at exploring convicted police officials’ reasons for having committed corruption. The interviews were recorded with the participants’ permission. The recorded data were transcribed verbatim and analysed. The five main themes that emerged are the high incidence of corruption involving all levels of police, multiple environmental factors which contribute to corruption, forms of corruption, dynamics resulting from corruption and anti-corruption mechanisms to prevent corruption. The themes were described using “in vivo” quotes from the transcribed data. To learn other trends about corruption, the nature and extent of corruption in the political, economic and the governmental sphere were discussed. In the summary of the research recommendations and conclusions were provided. A model has been identified which consists of preventative and reactive mechanisms, including selection, recruitment, the code of conduct, supportive leadership, supervision, mentoring and coaching, targeted inspections and auditing. Life style audits, disciplinary measures, dismissals and prosecution in these corruption case hearings also form part of the proposed model. / Corrections Management / D.Litt. et Phil. (Criminal Justice)

Corruption from a criminological perspective forms the basis of this dissertation. The crime component of corruption the 'what', 'why' and 'how' is the dominant theme throughout the study and includes corruption in the South African public sector, highlighting police corruption in the Western Cape. Although this study is exploratory, certain qualitative interviewing techniques, including an interview guide, were used to maximise the information obtained from knowledgeable interviewees. Corruption was further elucidated by the employment of criminological theories to explain pertinent findings in the research, by highlighting risk factors that lead to corruption, by giving examples of corruption and by discussing anti-corruption agencies and the effectiveness of existing legislation. Corruption in the public sector has always been around and will be ad infinitum. The severity of the consequences of this phenomenon can be curtailed by the will of politicians, the involvement of civil society and an operational criminal justice system. / Criminology / MA (Criminology)

Thesis (MPA)--Stellenbosch University, 2014. / ENGLISH ABSTRACT: Corruption affects the lives of everyone in South Africa and can thus be characterised as a common enemy. Fraud and corruption especially in the procurement systems is one of the major contributors of annual losses the Western Cape Provincial Government incurs. Since the introduction of computerised procurement systems, also known as e-procurement, the occurrence of fraud and corruption has substantially increased as soon as individuals familiarize themselves with the system. The Western Cape Provincial Government will save a huge amount of money if fraud and corruption could be prevented and limited. These funds could be put to better use and result to better service delivery. The Government has therefore developed many policies and strategies to try to combat and prevent corruption in procurement both in the public and private sector. This study examines the perceptions of key stakeholders on the appropriateness of the strategies in place to prevent fraud and corruption in the provincial procurement system by particularly looking at the achievements and limitations that have been experienced. The focal point is the Western Cape Provincial Treasury since they are currently the owners of the computerised procurement system. The study also includes an assessment of the role of the Western Cape Provincial Treasury in general in fighting fraud and corruption in public procurement. The research methods utilised include a comprehensive review of documentation published by the provincial government with regard to fraud and corruption as well as perceptions of key stakeholders on the appropriateness of anti-corruption policies and strategies in the Western Cape Provincial Government. Government has, in its commitment to fight corruption, established various anti-corruption agencies, developed a number of programmes and introduced numerous legislative frameworks. The Western Cape Government in particular has developed a transversal Anti-corruption Strategy to provide a framework within which to combat fraud, corruption and theft in the province. All provincial departments are encouraged to maintain a zerotolerance against corruption by developing and implementing a Fraud and Corruption policy within their various departments. The proper implementation of the anti-corruption policy is imperative for the prevention of fraud and corruption. Western Cape Provincial Treasury, as the custodian of the LOGIS procurement system in the Western Cape, plays a vital role in promoting compliance to relevant legislation by implementing anti-corruption strategies. It is apparent that different anti-corruption strategies to control and manage fraud and corruption in procurement do exist, but its appropriateness differs from department to department. Anti-corruption strategies will only be successful when it eliminates the occurrence of fraud and when perpetrators are caught and executed. Management should play a vital role in identifying and combating corruption in departments. Employees should be made aware of the consequences if they should commit any fraudulent acts. Furthermore, all officials should be encouraged to report any fraudulent incidents. / AFRIKAANSE OPSOMMING: Korrupsie beïnvloed die lewens van almal in Suid-Afrika en kan dus gedefinieer word as 'n gemeenskaplike vyand. Bedrog en korrupsie, veral in die verkryging stelsels is een van die grootste bydraers van die jaarlikse verliese die wat die Wes-Kaapse Provinsiale Regering aangaan. Sedert die bekendstelling van die gerekenariseerde verkryging stelsels, ook bekend as e-verkryging, het die voorkoms van bedrog en korrupsie aansienlik verhoog sodra individue hulself vertroud maak met die stelsel. Die Wes-Kaapse Provinsiale Regering sal 'n groot bedrae geld bespaar as bedrog en korrupsie voorkom en beperk kan word. Hierdie fondse kan op op sy beurt beter aangewend word en kan tot beter dienslewering lei. Die Regering het baie beleide en strategieë ontwikkel om korrupsie te probeer verhoed en te bestry - beide in die openbare en private sektor. Hierdie studie ondersoek die persepsies van belanghebbendes oor die toepaslikheid van die strategieë om bedrog en korrupsie in die provinsiale verkryging stelsel te voorkom deur veral te kyk na die prestasies en beperkings wat ondervind is. Die fokuspunt is die Wes-Kaapse Provinsiale Tesourie, aangesien hulle tans die eienaars van die gerekenariseerde verkryging stelsel is. Die studie sluit ook 'n evaluering van die rol wat die Wes-Kaapse Provinsiale Tesourie speel om bedrog en korrupsie in die openbare verkryging stelsel te voorkom. Die navorsingsmetodes wat gebruik is sluit in ‘n omvattende opname van die dokumentasie wat deur die provinsiale regering gepubliseer is met betrekking tot bedrog en korrupsie asook persepsies van belanghebbendes oor die toepaslikheid van anti-korrupsie beleide en strategieë in die Wes-Kaapse Provinsiale Regering. In sy verbintenis om korrupsie te beveg, het die regering verskeie anti-korrupsie agentskappe ingestel, 'n aantal programme ontwikkel en talle wetgewende raamwerke bekend gestel. Die Wes-Kaapse regering het in die besonder 'n dwarsleggende Anti-korrupsie strategie ontwikkel om 'n raamwerk te voorsien waarbinne bedrog, korrupsie en diefstal in die provinsie bekamp kan word. Alle provinsiale departemente word aangemoedig om 'n “zero tolerance” teen korrupsie te handhaaf deur die ontwikkeling en implementering van 'n bedrog en korrupsie beleid binne hul onderskeie departemente. Die behoorlike implementering van die anti-korrupsie beleid is noodsaaklik vir die voorkoming van bedrog en korrupsie. Wes-Kaapse Provinsiale Tesourie, as die bewaarder van die LOGIS verkryging stelsel in die Wes-Kaap, speel 'n belangrike rol in die voldoening aan toepaslike wetgewing deur die implementering van anti-korrupsie strategieë. Dit is duidelik dat verskillende anti-korrupsie strategieë om bedrog en korrupsie te beheer en te voorkom wel bestaan, maar die toepaslikheid verskil van departement tot departement. Anti-korrupsie strategieë sal slegs suksesvol wees wanneer dit die voorkoms van bedrog elimineer en wanneer oortreders gevang en tereggestel word. Bestuur moet 'n belangrike rol speel in die identifisering en die bekamping van korrupsie in departemente. Werknemers moet bewus gemaak word van die gevolge indien hulle enige bedrieglike dade pleeg. Verder moet alle amptenare aangemoedig word om enige bedrieglike voorvalle aan te meld.

Corruption from a criminological perspective forms the basis of this dissertation. The crime component of corruption the 'what', 'why' and 'how' is the dominant theme throughout the study and includes corruption in the South African public sector, highlighting police corruption in the Western Cape. Although this study is exploratory, certain qualitative interviewing techniques, including an interview guide, were used to maximise the information obtained from knowledgeable interviewees. Corruption was further elucidated by the employment of criminological theories to explain pertinent findings in the research, by highlighting risk factors that lead to corruption, by giving examples of corruption and by discussing anti-corruption agencies and the effectiveness of existing legislation. Corruption in the public sector has always been around and will be ad infinitum. The severity of the consequences of this phenomenon can be curtailed by the will of politicians, the involvement of civil society and an operational criminal justice system. / Criminology and Security Science / MA (Criminology)

The primary objective of this research was to study and explain police criminality from a criminological point of view. Police criminality was addressed from a scientific perspective and this was achieved by using scientific measures and procedures including theoretical explanations and recognised research methodology. The secondary objectives included the undertaking of a comprehensive literature study on police criminality in addition to conducting interviews with specialists in order to gain expert information from knowledgeable sources in the field of police criminality. Interviews conducted with police offenders addressed police criminality from the viewpoint of the individual offender. The findings of the empirical study reflect significant individual and organisational factors. The individual factors highlighted characteristics such as power, greed, aggression, feelings of invincibility, gullibility, propensity to criminality and psychological factors including Post Traumatic Stress Disorder, which contributed to crimes committed by police members. Perhaps the most significant organisational contributors highlighted by this study related to managerial shortcomings. It is evident that police organisations with high levels of untrained, inexperienced and incompetent managers experience high levels of internal criminality. Poor supervision and the lack of corruption controls create an enabling environment for the perpetuation of police deviance. Additional organisational factors that encourage criminality include negative aspects of police culture such as the code of silence, where police members are more apt to protecting corrupt colleagues than reporting them. The lack of discipline gives rise to insubordination and familiarity, which encourages impunity. In the South African Police Service at present, the policy of Affirmative Action is causing widespread dissatisfaction and the lowering of morale amongst certain members. Inadequate recruitment and training do not prepare members adequately for their job and it literally allow the "worm into the apple." The researcher's contribution to this study is an interventionist model, which contains essential recommendations primarily for the benefit of the South African Police Service. These include the expeditious implementation of a comprehensive anti-corruption strategy and the creation of an independent investigation unit. Management shortcomings must be rectified and professionalism encouraged. Recruits need to be thoroughly vetted and ethics and integrity must be included in police training. / Criminology / D. Litt. et Phil. (Criminology)

The objective of this study was mainly to describe, analyse and evaluate the determinants of the phenomenon of whistle blowing that influences the protection of employees making authorised and/or unauthorised disclosures. It was also a purpose of the study to evaluate the specific role of the Protected Disclosures Act 2000 (Act 26 of 2000) (PDA) in fulfilling its mandate to protect authorised disclosures on wrongdoing in public and private sector organisations. The PDA seeks to combat crime and corruption through the disclosing of wrongdoing. The intention is to create a culture which will facilitate the disclosure of information by employees relating to criminal and other irregular conduct in the workplace in a responsible manner, by providing comprehensive statutory guidelines through the PDA for the disclosure of such information, and protection against any retaliation as a result of such disclosures. An important aspect that this study dealt with was the provision, as a prerequisite to the PDA to be implemented successfully, that individual members of the private and public sectors have to act responsibly and in good faith in making disclosures in order to be protected by the PDA. In order to provide clarity on the conceptualisation of whistle blowing, the study explored the conceptual knowledge of the variables influencing the determinants of whistle blowing and the whistle blower through the application of a literature study of the concept and theories of ethics, values, morals, loyalty, trust and whistle blowing, in order to describe and analyse the variables influencing the whistle blower, the whistle blowing process, the characteristics of whistle blowers and the strategies and procedures employed to blow the whistle in an organisation. The study explored the organisational determinants influencing a whistle blower's decision to blow the whistle in the social context of an organisation in order to determine the influence of organisational culture and organisational trust as internal social factors that may facilitate the effective management of whistle blowing resulting in no whistle blowing taking place. The study objectives, appropriate conclusions and proposals are addressed based on the role that the PDA, the ethical determinants of the work environment, the determinants influencing the individual whistle blower and the organisational determinants influencing effective whistle blowing, can fulfil, in order to serve as a mechanism to combat corruption. / Public Administration / D. Litt. et Phil. (Public Administration)

The South African Government in 2002 accepted the Public Service Anti-Corruption Strategy (PSACS) with the objective to reduce the manifestation of malfeasance in the public service. The PSACS identified various goals and objectives to be achieved at both the systemic and departmental levels. At the departmental level, the PSACS set out to increase the institutional capacity of departmental institutions, and encourage the management of risk and of discipline in the public service. Departments are required to establish the necessary capacity to formulate fraud prevention and anti-corruption policies, receive and manage allegations of corruption, and investigate allegations of corruption and detected risks at a preliminary level. To manage ethics departments should inter alia identify early signs of a lack of discipline, improve the accountability and capacity of managers to manage discipline, and encourage managers to act against transgressions. However, various authors have been critical of the formulation of policies and the establishment of structures as a policy response to public service corruption. In their view, such an approach often leads to a reduction in the efficiency and effectiveness of public programmes, and even creates opportunities for corruption. In response to such deficiencies, some argue that a compliance-based approach to public service malfeasance should be supplemented by a value-based approach with an emphasis on the development of internal selfcontrol of individuals, the promotion of trust among employees, and the promotion of a culture of responsibility. In this context, this researcher proposes that the promotion of an ethical culture could enhance the implementation of the PSACS. In this dissertation, this researcher set out to evaluate, among others, the ethical culture of the Department of Correctional Services (DCS). It was decided that a survey would be the most appropriate data collection method. A questionnaire was administered and the data was captured, analysed and interpreted. Various statistical tests were performed and the findings suggest inter alia that the promotion of an ethical culture coincides with lower levels of observed malfeasance. Consequently, when greater clarity of operational and ethics policies is obtained, an increase occurs in both the severity and frequency of penalties for malfeasance, and officials gain greater access to resources and time to execute their responsibilities, the level of observed malfeasance is likely to be reduced. The promotion of an ethical culture could significantly enhance the implementation of the PSACS. / Public Administration / D. Litt. et Phil. (Public Administration)

The objective of this study was mainly to describe, analyse and evaluate the determinants of the phenomenon of whistle blowing that influences the protection of employees making authorised and/or unauthorised disclosures. It was also a purpose of the study to evaluate the specific role of the Protected Disclosures Act 2000 (Act 26 of 2000) (PDA) in fulfilling its mandate to protect authorised disclosures on wrongdoing in public and private sector organisations. The PDA seeks to combat crime and corruption through the disclosing of wrongdoing. The intention is to create a culture which will facilitate the disclosure of information by employees relating to criminal and other irregular conduct in the workplace in a responsible manner, by providing comprehensive statutory guidelines through the PDA for the disclosure of such information, and protection against any retaliation as a result of such disclosures. An important aspect that this study dealt with was the provision, as a prerequisite to the PDA to be implemented successfully, that individual members of the private and public sectors have to act responsibly and in good faith in making disclosures in order to be protected by the PDA. In order to provide clarity on the conceptualisation of whistle blowing, the study explored the conceptual knowledge of the variables influencing the determinants of whistle blowing and the whistle blower through the application of a literature study of the concept and theories of ethics, values, morals, loyalty, trust and whistle blowing, in order to describe and analyse the variables influencing the whistle blower, the whistle blowing process, the characteristics of whistle blowers and the strategies and procedures employed to blow the whistle in an organisation. The study explored the organisational determinants influencing a whistle blower's decision to blow the whistle in the social context of an organisation in order to determine the influence of organisational culture and organisational trust as internal social factors that may facilitate the effective management of whistle blowing resulting in no whistle blowing taking place. The study objectives, appropriate conclusions and proposals are addressed based on the role that the PDA, the ethical determinants of the work environment, the determinants influencing the individual whistle blower and the organisational determinants influencing effective whistle blowing, can fulfil, in order to serve as a mechanism to combat corruption. / Public Administration and Management / D. Litt. et Phil. (Public Administration)

The Eastern Cape Department of Education has become like a problem child in the Republic of South Africa. It is a cause for concern to both the provincial and national government. This is a department where service delivery is problematic. Schools are not built or renovated and children are taught in dilapidated structures or sometimes under trees. Hardly a week passes without the department making the headlines in the media for the wrong reasons. It is widely accepted that the department is dysfunctional and education is in a crisis. The department has emerged as the number one culprit of engaging in corrupt activities in the province. Public officials in the department have been identified as being at the helm of these corrupt activities. In the 200/10 financial year, the Auditor General issued a disclaimer to the department and highlighted a lack of direction, accountability and a total breakdown of internal control systems and supply chain management within the department. Numerous fraud risk indicators were identified during the audit and underlined by findings that are indicative of fraud and corruption within the department. This unfortunate state of affairs is contrary to the requirements of section 195(1) of the Constitution of the Republic of South Africa which provides for the democratic values and principles governing public administration including inter alia, that: A high standard of professional ethics must be promoted and maintained. Efficient, economic and effective use of resources must be promoted. Public administration must be accountable. This raises several questions about the ethical fitness of public officials in the department as the custodians of the public resources and trust. Though several reasons abound for this unfavourable state of affairs in the department, the researcher has singled out unethical conduct by public officials in the department and its impact on service delivery. The approach followed in this research was to analyse the 2009/10 Department of Education Annual Report and the 2009/10 Auditor General’s Report to the Eastern Cape Department of Education. The analysis confirmed the existence and occurrence of multiple cases of unethical conduct in the department. At the end scientific recommendations are proposed to alleviate this ill.