President Cyril Ramaphosa noted on Monday that Parliament is currently considering draft legislation that will help prevent “undue” political interference that the State Capture Commission found sometimes enables corruption.

Ramaphosa wrote in his weekly letter to the nation that this legislation would make a clear distinction between the powers of elected officials, such as Ministers, and professional public servants, such as directors-general.

“As part of the draft legislation, public servants who leave government may not, within 12 months of leaving, accept employment or appointment to the board of a service provider to which they were involved in awarding a contract,” he explained.

Ramaphosa said work was underway, with the assistance of the National Anti-Corruption Advisory Council, to review the country’s anti-corruption architecture.

He highlighted that other areas where policy reforms were being considered were in the appointment of key positions such as the South African Revenue Service Commissioner and the National Director of Public Prosecutions, support and protection for whistle-blowers, and the creation of a statutory offence for the abuse of public powers.

He said as government strengthened its efforts to prevent and combat corruption, in line with the recommendations of the State Capture Commission, the country’s law enforcement agencies had been undertaking investigations recommended by the commission against alleged perpetrators.

The State has secured nearly R10-billion in forfeiture orders and settlement agreements linked to State Capture cases.

In addition, preservation and restraint orders to the value of R17-billion had been granted while court processes are underway, he said.

He said this work demonstrated that the recommendations of the State Capture Commission were being steadily and thoroughly implemented across government.

However, he acknowledged that there was much more to do.

“Not only do we need to complete the reforms we have embarked on and ensure that all perpetrators are brought to book, but we need to continuously work to build a society in which corruption no longer has any place,” he stated.

Last week, the Constitutional Court held a special sitting to pay tribute to Chief Justice Raymond Zondo on his retirement from the court.

After 27 years on the Bench, Zondo is retiring. His term of office ends on August 31, after which his successor, Justice Mandisa Maya will take over the role.

Ramaphosa pointed out that one of Zondo’s most prominent and outstanding contributions was as the chairperson of the Judicial Commission of Inquiry into State Capture, also known as the Zondo Commission or the State Capture Commission.
 
“Not only have we worked to hold those responsible for State capture to account and to recover stolen funds, but we have also put in place laws, institutions and practices to ensure that State capture never happens again. We continue to take steps to prevent, detect and act against corruption,” he said.

OTHER LEGISLATION
In the last few months, Ramaphosa signed into law several pieces of legislation that respond directly to the commission’s recommendations and which, in many instances, will fundamentally change the way government works.
 
The Public Procurement Act recognises the assertion by Zondo that corruption in procurement was “the centrepiece of State capture”.
 
Another law is the National Prosecuting Authority Amendment Act, which establishes the Investigating Directorate against Corruption.

“The Directorate will be a permanent, prosecution-led agency with full criminal investigative powers. It will be able to recruit and retain specialist skills and develop capabilities such as the collection and analysis of digital evidence,” Ramaphosa said.
 
The Electoral Matters Amendment Act, which was signed into law in May, amended the Political Party Act to make it a criminal offence to make donations to gain political influence or favour. 
 
Ramaphosa said in responding to another recommendation by the Commission, the Companies Second Amendment Act strengthened actions against delinquent directors or company officers for wrongdoing.

It extended the period during which proceedings may be launched to recover any loss, damages or costs against such a person, he added.