A comparative analysis of the implementation of anti-corruption legislation by anti-corruption agencies in the provinces of the Eastern and Northern Cape

Abstract

Many countries experience various degrees of corruption. South Africa is no exception. The undeniable fact is that corruption cannot be reckoned as a mere country- or region- specific problem; it is a far wider phenomenon. However, there has been a growing global movement to condemn corrupt practices, resulting in the removal of certain leaders from office. South Africa has formulated and promulgated legislation that is considered an international example of good practice and has established agencies for the purpose of combating corruption. The Institute for Security Studies (2007:1) proposes that anti-corruption legislation, if enforced, should equip the country’s anti-corruption agencies with a tool that could effectively be utilised as a punitive instrument for offenders and a deterrent for those contemplating corrupt activities.

This article examines whether anti-corruption agencies are apolitical and capable of detecting and punishing corruption or whether they are only a response to international demands by international agreements. In this regard the United Nations Convention against Corruption, the SADC Protocol against Corruption and the African Union Convention on Preventing and Combating Corruption are discussed.

The article concludes with recommendations based on an empirical survey of anti- corruption legislation and anti-corruption agencies conducted in the Eastern Cape and Northern Cape Provinces.