Enhancement of Accountability within the South African Public Sector: Knowledge Gained from the Case of a National Commissioner of the South African Police Service
Authors: Yasmin Nanabhay
Abstract:
The paper scrutinizes the literature on accountability and non-accountability, and then presents an analysis of a South African case which demonstrated consequences of a lack of accountability. Ethical conduct displayed by members of the public sector is integral to creating a sustainable democratic government, which upholds the constitutional tenets of accountability, transparency and professional ethicality. Furthermore, a true constitutional democracy emphasises and advocates the notion of service leadership that nurtures public participation and engages with citizens in a positive manner. Ethical conduct and accountability in the public sector earns public trust; hence these are key principles in good governance. Yet, in the years since the advent of democracy in South Africa, the government has been plagued by rampant corruption and mal-administration by public officials and politicians in leadership positions. The control measures passed by government in an attempt to ensure ethicality and accountability within the public sector include codes of ethics, rules of conduct and the enactment of legislation. These are intended to shape the mindset of members of the public sector, with the ultimate aim of an efficient, effective, ethical, responsive and accountable public service. The purpose of the paper is to analyse control systems and accountability within the public sector and to present reasons for non-accountability by means of a selected case study. The selected case study is the corruption trial of Jackie Selebi, who served as National Commissioner of the South African Police Service but was dismissed from the post. The reasons for non-accountability in the public sector as well as recommendations based on the findings to enhance accountability will be undertaken. The case study demonstrates the experience and impact of corruption and/or mal-administration, as a result of a lack of accountability, which has contributed to the increasing loss of confidence in political leadership in the country as elsewhere in the world. The literature is applied to the erstwhile National Commissioner of the South African Police Service and President of Interpol, as a case study of non-accountability.
Keywords: Public sector, public accountability, internal control, oversight mechanisms, non-compliance, corruption, mal-administration.
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[1] Afrobarometer, Survey 7, Global Corruption Barometer-Africa; 2019.
[2] Basson, A. (2010) Finish & Klaar: Selebi’s fall from Interpol to the underworld. Cape Town: Tafelberg Publishers.
[3] Burger J; 2011; To Protect and Serve: Restoring public confidence in the SAPS; SA Crime Quarterly no 36, June 2011.
[4] Corruption Watch. (2015, August 13) An Unhappy State of Corruption. Accessed, 10 August 2020 from www.corruptionwatch.org.za.
[5] Congress of South African Trade Unions (Cosatu). (2015, January) Statement on Jackie Selebi. Accessed 10 August 2020 from www.cosatu.org.za.
[6] Fox, M.2015. Jackie Selebi South Africa Police Head Convicted in Bribery Case, Dies at 64. The New York Times, 23 January 2015.
[7] Gildenhuys G (1997); Ethics & Professionalism; Cape Town: Juta Publishers.
[8] Gisselquist, R.M (2012) Good Governance as a Concept, and Why This Matters for Development Policy, UNI-WIDER (United Nations University- World Institute for Development Economics Research) Working Paper No. 2012/30.
[9] Joffe, J. (2010, August 3) S v Selebi (Judgment on Sentence) (25/2009) ZAGPJHC 58. SAFLII.. Accessed 10 August, 2020 from http://www.saflii.org/za/cases/ZAGPJHC/2010/58.pdf.
[10] Kyriacou, A P. (2008) Defining Accountability; Background Paper prepared for Aids Accountability International (AAI) Workshop, Stockholm, (2008, May 12-13)
[11] Kukamba, U (2009) External Control Measures in the Enhancement of Accountability in Local Government; University of Pretoria; Masters Dissertation.
[12] Lues, L. & Bester, C.L. (2007) The Impact of Legislative Directives and Human Behaviour on Ethical Conduct of Public Service Managers. Journal of Public Administration, 42(5).
[13] Masiapata, N.M. (2007) Ethics and Ethos in the South African Police Service: An Overview of the Johannesburg Central Police Station. Unpublished Masters thesis, University of Pretoria, Pretoria, South Africa.
[14] Mehen, M.A. 2013. The Relationship between Corruption and Income Inequality: A Cross-National Study. Unpublished Masters thesis, Georgetown University, Washington DC (United States).
[15] Migliorisi S & Wescott C (2011/5). ‘A Review of World Bank Support for Accountability Institutions in the Context of Governance & Anti-Corruption’.Independent Evaluation Group (IEG) Working Paper Series.
[16] Muthien, Y.G., Khosa, M.M. & Magubane, B. (eds). Democracy and governance review: Mandela's legacy 1994-1999. Pretoria: Human Sciences Research Council. 37-67.
[17] Nanabhay, Y. 2014. Non-compliance with external control measures in selected case studies within the national sphere of the public sector, Masters Dissertation, Cape Peninsula University of Technology, Cape Town, South Africa.
[18] Nanabhay, Y. 2018. Ethical Leadership: A South African Perspective on Maintaining and Enhancing Good Governance: Lessons from the Case of Jackie Selebi. Unpublished paper presented at the Annual International Conference of the Asian Association of Public Administration, Yogyakarta, Indonesia. 2018
[19] Schwella, E.(1996) Public Resource Management. Cape Town: Juta
[20] Schwella, E. (2013) Bad Public Leadership in South Africa: The Jackie Selebi Case. Scientia Militaria, South African Journal of Military Studies, 41(1).
[21] South Africa. (2015, January 23) Government of South Africa. Minister Michael Masutha expresses condolences to Jackie Selebi’s family. Accessed 19 July 2020 from www.gov.za
[22] South Africa. (2004) Prevention and Combating of Corrupt Activities (PCCAA) Act 12, 2004. Pretoria: Government Printer.
[23] South Africa. (2002) King Report on Corporate Governance of South Africa. 2002 (King II). Pretoria: Government Printer.
[24] South Africa. (1996) Constitution of the Republic of South Africa, Act 108 of 1996. Pretoria: Government Printers.
[25] South Africa. Public Service Commission.(2006) Public Service Commission Hotline Toolkit
[NACH]. Accessed 6 October 2020 from http://www.psc.gov.za
[26] South Africa. Public Service Commission. (2002) Explanatory Manual on the Code of Conduct for the Public Service: A Practical Guide to Ethical Dilemmas in the Workplace. Accessed 20 August 2020 from http://www.psc.org.za
[27] South Africa. South African Police Service (SAPS). (2014, September 15) SAPS Code of Ethics. Accessed 20 August, 2020 from htpp://www.saps.gov.za
[28] South Africa. South African Police Service (SAPS). (1997, October 31) SAPS Code of Conduct. Accessed 20 August 2020 from http://www.saps.gov.za/
[29] South Africa.2020.NGHC. 2020ZAGPPHC 159;46485/18.2020. Phalane v National Commissioner of the South African Police Services and Others (2020) 4 May 2020. Accessed 15 October 2020 from http://www.saflii.org
[30] South Africa. 2010 SGHC. 2010ZAGPJHC 53;2010. S v Selebi (2010) 5 July 2010. Accessed 3 August 2020 from http://www.saflii.org
[31] Thamm,M. 2020.R200m Later-how SA’s top cops captured police supply chain management for personal financial gain. Daily Maverick, 14 October 2020
[32] United Nations (K. Annan) (1998). Annual Report of the Secretary-General on the Work of the Organization, 27 August. http://www.un.org/Docs/SG/Report98/ch2.htm (Accessed 20 August 2020).
[33] United Nations Office on Drugs and Crime. (2011). Handbook on Police Accountability Oversight and Integrity, July 2011. http://www.un.org (Accessed 2 October 2020)
[34] United Nations (September, 2019) The Doha Declaration Promoting a Culture of Lawfulness https://www.unodc.org/e4j/en/anti-corruption/module-2/key-issues/what-is-good-governance.html Accessed 12 October 2020
[35] Van der Waldt, G (2004) Managing Performance in the Public Sector Concepts, Considerations and Challenges, 1st Edition. Juta Publications.
[36] Afrobarometer, Survey Dispatch number 56, Global Corruption Barometer-Africa; 2015