BLSA calls for more convictions following first major State capture conviction
Progress on improving accountability is finally materialising South Africa; however, the pace is still too slow, business organisation Business Leadership South Africa (BLSA) CEO Busi Mavuso writes in her latest weekly newsletter.
“Last week’s sentencing of former ANC MP Vincent Smith to seven years’ imprisonment represents the first major State capture conviction, a breakthrough after years of waiting for justice,” she explains.
Smith was convicted of accepting R800 000 in bribes from facilities management company Bosasa while chairing Parliament’s Portfolio Committee on Justice and Correctional Services. Bosasa had been awarded over R1-billion in contracts by the Department of Correctional Services.
The Zondo Commission concluded that Smith had breached his oath as an MP to uphold the Constitution.
He also failed to declare R21-million in earnings his company received over nine years to the South African Revenue Services (Sars), Mavuso explains.
She posits that Smith’s conviction sends an important signal that powerful politicians are not beyond reach; however, the question now is who is next, with the Zondo Commission having identified several individuals to face prosecution.
“Former President Jacob Zuma himself was implicated in enabling State capture. Former Mineral Resources Minister Mosebenzi Zwane was found to have facilitated the Guptas’ capture of State resources.
“Former South African Airways chairperson Dudu Myeni was found to have undermined governance at the airline. Former Sars commissioner Tom Moyane oversaw the deliberate destruction of the revenue service’s capacity,” Mavuso writes.
She calls on the National Prosecuting Authority to show that Smith’s conviction is the beginning of sustained accountability, not an isolated case.
CONTINUING MALFEASANCE
Mavuso also calls for accountability to extend into government departments where corruption continues to undermine service delivery.
“Last week saw the arrest of Department of Health (DoH) director-general Sandile Buthelezi and two other senior managers on fraud and theft allegations. Full investigations and prosecutions must follow,” she stresses.
Mavuso points out that the health sector has been especially afflicted with procurement corruption.
She highlights the case of Tembisa Hospital, where irregular procurement running to R2-billion led to the murder of whistleblower Babita Deokaran in 2021. Deokaran headed the Gauteng Health Department’s anti-corruption unit and was gunned down after flagging irregularities.
Mavuso calls on the DoH to tackle issues through stronger oversight of provincial health departments.
“Cleaning up procurement, professionalising management and protecting whistleblowers deserve the department’s full attention,” she asserts.
At local government level, the accountability crisis manifests differently but with equally serious consequences, Mavuso avers.
She points out that State-owned Eskom has been struggling for years to collect payment from municipalities that owe it R110-billion.
Many metros and smaller towns use revenue collected for electricity and water to pay for other services, leaving Eskom unpaid and infrastructure unmaintained, Mavuso explains.
She warns that, without resolving this crisis, Eskom faces an “impossible position”.
“It cannot raise new finance with such debt on its books. In the competitive electricity market that is emerging from government reforms, Eskom must be financially sound. Yet cutting off municipalities would harm thousands of citizens who pay their bills on time, violating their rights to minimum service levels. The real culprits are municipal officials failing to manage finances appropriately,” Mavuso points out.
She notes that efforts to resolve this have failed, with the National Treasury's developing of a negotiated debt plan with municipalities faltering as municipalities have not honoured the terms.
Last week, Eskom bolstered its response, initiating a process under the Promotion of Administrative Justice Act that could lead to municipalities being cut off. This approach ensures constitutional rights are properly considered while creating a legal foundation for action, Mavuso explains.
“Progress is visible but incomplete. One State capture conviction after years of investigation is not enough; we need sustained prosecutions. Health sector arrests must lead to systemic procurement reforms, not just individual cases. Municipal debt requires both immediate consequences for non-payment and long-term governance improvements,” Mavuso highlights.
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