The arrests last week of 11 senior police officers connected to a R360m tender are a sign that the age of impunity is over. The National Prosecuting Authority, which has been building a case for two years, has acted against powerful figures at the heart of police corruption. These arrests strike at the institutional rot that has been eating away at our capacity to enforce the law.
Testimony to the Madlanga Commission has revealed a Gauteng-based criminal network involved in drug trafficking, contract killings, hijackings and tender fraud, linked to Vusimuzi “Cat” Matlala, who cultivated corrupt relationships with senior police and government officials. It has been shocking – undermining any sense that the police are willing or able to defend the rule of law in this country. For business, this goes beyond headlines. When police are compromised, property rights become negotiable. Contract enforcement becomes uncertain. Investment decisions must factor in whether the rule of law will hold.
The police minister, Senzo Mchunu remains on leave of absence, and last week the national police commissioner General Fannie Masemola was summoned to face charges in court regarding the same tender behind last week’s arrests. While these remain allegations until those charged are convicted, you cannot help but conclude that the police service is rotten right at the top.
If government fails at everything else, the one thing it cannot fail at is the rule of law. That is the primary and fundamental role of government. The police should be the last line of defence; they must be incorruptible. When our senior police are embroiled in organised crime, we truly are in a criminal state.
In contrast to the dysfunction of the police, the decisive strike by the NPA reflects the steady rebuilding after the damage of state capture to that institution. Progress has been slow, but the arrests last week show how tangible it is becoming. I commend the NPA for pursuing high-level accountability. These cases test whether anyone is truly above the law. That restores the public confidence we clearly need.
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Swift and successful prosecution is essential so the public can see justice being done. But beyond individual cases, we need fundamental institutional reform. The murder of witness Marius van der Merwe in December, three weeks after his testimony to the commission, underscores the dangers faced by those who come forward. A former officer has been charged with that murder, but we must do much better to protect those who step forward.
The rebuilding of the NPA is a long process. BLSA has been actively involved in supporting it within clear guardrails that protect its independence, particularly in supporting a fund that provides top-level private sector forensic skills to help build cases. Through B4SA, business has a dedicated crime workstream, led by BLSA’s partner Business Against Crime South Africa. With phase 3 of the Presidential public-private partnership now underway, a coordinated, society-wide response to organised crime and corruption is being implemented. BLSA’s partner BACSA is a key interface between government and the private sector to ensure that the right skills and support are provided, with resources allocated to areas that have the greatest impact.
Business cannot thrive without functioning institutions. We invest in NPA capacity because we need those cases prosecuted. We support witness protection because we need people willing to testify. The partnership model works because both sides understand what’s at stake.
NPA reform needs to continue with fundamental changes to entrench its independence. It needs financial and operational independence from the Department of Justice, with the National Director of Public Prosecutions empowered to make key staffing decisions and to manage an independent budget. We need improved whistleblower and witness protection measures to shield those who step forward to support justice. The Van der Merwe murder shows what happens when protection fails. The NPA needs to be appropriately resourced to build and prosecute cases. Its internal Investigating Directorate Against Corruption has been key to taking on high-profile, complex corruption cases. Its Asset Forfeiture Unit remains an effective mechanism to decisively separate criminals from the proceeds of crime.
The NPA stands at the top of our criminal justice system, ultimately bringing criminals to book. But it depends on a functioning and effective police force to investigate, build cases and undertake arrests. The NPA depends particularly on the Hawks within the police service to build strong cases and gather evidence.
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The Madlanga Commission’s final report, expected in August, will be critical for the reform agenda across the police service. A fundamental overhaul is clearly needed, both in the people who lead it and the institutional structure in which it operates. We need to decisively break with the state capture era that enabled the brazen corruption and rank criminality that has deeply infiltrated the police. There are highly capable and clean men and women working within the police who must be empowered in that overhaul, ensuring professionalism and integrity become the hallmarks of every police officer.
The arrests last week prove that accountability is possible. Now we need the institutional reforms to make it inevitable. The Madlanga Commission report in August must be the catalyst for that fundamental overhaul. Business stands ready to support it. Government must have the will to act.
Written by Busi Mavuso – BLSA CEO