Thesis (M. Law (Labour law)) --University of Limpopo, 2011 / Refer to document

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.

The use of whistle-blowing as means to curb unethical behaviour of police officers in the Nelson Mandela Bay is investigated in this study. In order to investigate this, various instruments were used, these are interviews and questionnaires. However the objectives of the study were: - To examine the implementation of whistle-blowing in the SAPS. - To develop strategies and measures that can be used to encourage whistle-blowing in the SAPS. Broadly speaking, these objectives have been achieved by providing empirical evidence which shows that: - Unethical behaviour by police officers is the most ethical challenge facing police officers in the Nelson Mandela Bay Area. This is based on the findings which eminate from the interviews. - Whistle-blowing is used by police officers as an early warning system that alerts the superiors about misconduct before it is too late as it defects and deters wrongdoing. However, the study suggests various strategies and measures to assist the implementation of whistle-blowing. These strategies include: - Development of hotlines. - Assurance of confidentiality and anonymity of disclosures. - Response plan development. - Training development. - Regarding whistle-blowing as an ongoing communication. This study also indicates that misconduct by police officers in the Nelson Mandela Bay area is not high. While whistle-blowing is considered as a key tool in promoting individual responsibility and accountability among police officers. In conclusion, recommendations are provided which could assist the SAPS and individual police officers to improve ethical conduct, and for improved measures and mechanisms to deal with unethical behaviour of police officers and recommendations for improved implementation of whistle-blowing process.

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)

Many African countries including Africa South have been experiencing many challenges such as corruption, fraud and misaprpriation of fund in this new democratic dispensation. In this regard, the municipalities are viewed as the most affected institutions, with the Eastern Cape Province identified as culprit number one engaging in corrupt activities. There are a number of contributing factors, as attributed in the study, but most prevalent among these are capacity issues in most of these municipalities, with fewer personnel and less capacity. Challenges of corruption in municipalities are perpetrated mainly by municipal officials, councilors and members of the public. This study, identified corruption as one of the challenges facing municipalities in the Eastern Cape. It involves both the achievements and limitations that have been experienced; and indeed, there are still numerous issues to be addressed and accomplished. It discusses some critical issues such as how corruption has been the mother of the day in South Africa and its effect on the public sector in general. Inadditon, misappropriation of public resources and corruption immersed the nation as a whole into a greater challenge rather than focusing on service delivery issues. There are situations, within municipalities, where the majority of senior officials, who may be in possession of valuable information, are always under suspension. The findings of the study also show that all the municipalities operating in this new democaticatic dispensation have not been able to prepare a transparent annual financial year report at the end of the year. In fact, the majority of them always obtain disclaimer or adverse reports from the Office of Auditor-General (AG), despite numerous attempts and interventions by the AG‟s office and the Provincial Treasury to rectify the situation. The challenges of leadership crises in some of these municipalities, both administratively and politically have been critically examined. The findings show that between 2012 and 2015 financial years, some of these municipalities have been without full-time Accounting Officers; people were only seconded or in acting capacity, and some of them were under adminisistration, which is section 139 (c) of the constitution. There were numerous attempts of interventions by the national leadership of the ANC in the ANC regional structures which in many instances were the root cause of the problems or divisions, as well as in municipalities where in Buffalo City Metro and Nelson Mandela Metro respectively there were leadership changes or redeployments. The issue of corruption in the municipalities is compromising and impact negatively in the service delivery. It can be concluded that municipalities are characterized by a number of instances of corruption perpetrated mainly by municipal officials, councilors and members of society. Bribery, fraud, nepotism, and systematic corruption are some of the forms of corruption that take place in municipalities in South Africa. There are systems in place to fight corruption, but the reality is that they are very weak and ineffective. The anti-corruption strategies put in municipalities have general functioned poorly hence the prevailing the situation. There is glaring non-compliance with the Municipal Finance Management Act (MFMA), the Treasury Regulations and their own Procurement Procedures and Procurement Policies. It is evident that despite the achievement by an ANC led government for almost over 21 years of democracy, there remain many political and administrative challenges especial in municipalities. The fundamental question need to be posed and address therefore is, how best these challenges can be addressed and turn around service delivery to a tangible outcome. The Constitution of the Republic of South Africa provides for the promotion and maintenance of a high standard of professional ethics in the public service. Public resources are vulnerable to abuse by unscrupulous elements, both inside and outside government and therefore requires careful monitoring and control. The existing legislative framework is solid but fragmented and requires review and consolidation to improve its efficiency. To achieve that government requires an approach that is developmental in nature. Governance should be able to take control of the organization’s systems and at the same time adaptable to the environment in a way strengthens the capacity to achieve goals.

Please read the abstract in the section 00front of this document / Thesis (PhD (Education Management))--University of Pretoria, 2002. / Education Management and Policy Studies / unrestricted

The study critically examined the implementation of Public Accountability strategies and mechanisms: A case of Buffalo City Municipality. The problem statement gave emphases on the multiple cases drawn from stats reflected in domestic surveys that shows how corruption and maladministration have impacted the province negatively as well as the extreme poverty lines that dominate the communities in the republic and also the province. The New Public Management Theory was used to interpret the manner in which the participants were expected to give their views on leadership and accountability among others key issues. The objectives of the study were to; To assess the mechanisms implemented by Buffalo City Municipality., To explore the challenges affecting public accountability enforcement mechanisms in Buffalo City Municipality towards eradicating corruption, Determine the manner through which the Buffalo City Municipality can adopt tried and tested mechanism from Regional, national & international case studies on how to effective enforce public accountability for the sustainable management and curbing of corruption for effective and efficient service delivery and to recommend new mechanisms which Buffalo City Municipality can utilise in enforcing public accountability towards eradicating corruption in its institutions in order to encourage sustainable community development through service delivery. The study adopted a case study approach based on a mixed method paradigm where data was collected through a questionnaire, interviews and document analysis. Case studies are normally associated with qualitative research, but can also be used as a method of inquiry employing a positivist epistemology and ontology. A total sample of 50 participants was chosen through a non-probability sampling technique. The major findings of the study reflected that there is a huge break in communication between government and the citizens in the locality while also establishing that the mechanisms currently being used were only as good as the factors influencing their implementation among other issues. Major recommendations included community engagement, capacity building and skills development, retention and expansion, lack of resources, promote individual independence of the community and the enhancement the Public Participation Unit.

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.

The 2014 national general elections were characterised by a cloud of scandal hanging over the ANC, and the ANC president Jacob Zuma. The biggest and darkest cloud was the Nkandla scandal. Owing to a reported R246 million spent by the state to refurbish his private home, the president stood accused of wasteful expenditure and financial irregularity. In a country reeling from the continued effects of apartheid, which include high unemployment and poverty, the scandal was a bombshell. According to a vocal and often adversarial mainstream media sphere, the ANC went into those elections with an albatross around its neck. The dominant thought was that the ruling party would suffer a heavy loss of votes. This outcome did not materialise. The ANC lost a marginal share of its previous vote. Mainstream media and civil society were confounded. What had happened? Why had poor black South Africans continued to vote for a party that was obviously in breach of the constitutional order? Against the mismatch between what was predicted or purported and the outcome, this study investigates how young people in the township of Joza, Grahamstown, interpreted one of the biggest political scandals in South Africa’s fledgling democracy. Using a combination of subaltern studies, counter public sphere and audience study, the research looks into the interpretation of a mainstream media scandal that was supposed to diminish the chances of the ANC retaining power, but, instead, barely dented its majority. Through a combination of interviews and participant observation, the study found that young people in the township of Joza demonstrated that they chose to ignore the messages about the corruption of the ANC. The data suggests that they did so, not because of overt racial solidarity, but due to the fact that in a context of high inequality, and continued limitations on economic emancipation, the party shone brightly as a vehicle for economic development. Overall, the study argues that the seemingly dubious undertaking to continue with the ANC is a calculated decision that makes sense when viewed within a given socio-economic context.

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)