Urgent need for global anti-corruption court

‘The continued failure of South Africa's (SA) political leadership to deal decisively with corruption by holding the perpetrators accountable is turning the country into a failing or failed state.’ Good Governance Africa’s Lonwabo Kulati suggests we are headed for a violent revolution if impunity is not urgently stopped. ‘Against the backdrop of July 2021’s devastating riots, we are treading on dangerous ground. Lieutenant-General Nhlanhla Mkhwanazi (KwaZulu-Natal's police commissioner who recently claimed political interference in criminal cases), represents an idea of the people’s hatred of the impunity of the corrupt elite. People are infuriated by the repetition of hollow anti-corruption rhetoric by those in power, yet they know that behind the scenes they are colluding with criminals to milk Treasury dry.’ Writing on the Daily Maverick site, Kulati points to the publication Africa in Fact (a special edition on the proposed international anti-corruption court). Here, researcher Nnaemeka Ohamadike states: ‘The gap between anti-corruption rhetoric and real law enforcement remains a breeding ground for impunity, weakening governance and leaving citizens to bear the cost, especially in Africa’.

Kulati says Mkhwanazi’s revelations are the latest in a string of corruption scandals that have ‘blighted’ SA since the dawn of democracy. 'Starting with the Arms Deal in 1999, successive scandals include Travelgate, Oilgate, the Selebi bribery case, Limpopo tender fraud and high-profile cases such as Nkandla and State Capture involving former President Jacob Zuma and the Gupta family. Recent scandals like the Bosasa revelations, PPE corruption during Covid-19, Tembisa Hospital, Life Esidimeni and the Digital Vibes contract highlight ongoing issues with political patronage, weak enforcement and slow or stalled prosecutions. ‘The pattern points to a deeply entrenched culture of corruption within state institutions,’ Kulati adds. ‘The boldness and audacity of the corrupt criminal elite is increasing while the decisiveness of our political leaders to deal with them is sadly decreasing. It seems that criminal elements are firmly embedded into our political systems in a way that compromises and disempowers our leaders from acting. It is a total failure to deal with corruption, year after year.’

In 2011, the Constitutional Court judgment in the Glenister case stated that ‘corruption is… an antithesis to democracy and the rule of law. Corruption diverts resources that are needed to improve the lives of citizens to enrich a few, at great cost to many. Corruption prevents the state from fulfilling its constitutional obligations, erodes the legitimacy of our democratic government and subverts the rule of law.’ Kulati says as this continues unabated, we must brace ourselves for a very bad retaliation, the likes of which this country has never seen. ‘The only thing that will prevent this is strong action against the powerful political elites who enable and reward corruption in our society.’ He notes for this reason, Good Governance Africa is partnering with Integrity Initiatives International to promote the establishment of an international anti-corruption court and the drafting and ratification of the international anti-corruption court treaty.