Speeches

Keynote Address by the Minister of Justice and Constitutional Development, Mmamoloko Kubayi on the Occasion of the Combating Corruption Summit Organised by the Office of the General Counsel of the University of Johannesburg Held at the University's Kingsway Campus, 5 September 2025

Programme Director: Alan committie
Registrar of UJ and Senior leadership of the University
Panelist and participant
Distinguished guests
Ladies and Gentlemen
Good morning

I am very pleased to join you this morning in a summit that deals with this very important issue of corruption and how to combat it.

I was intrigued and inspired about the discussions you held on the first day, which I was able to follow on the protection of whistleblowers in our country and what are the global trends.
I can say largely we share some the comments and views express during §that discussion as we work towards finalising legal and institutional frameworks towards whistleblower protection.
Combating corruption in our country is a task that requires all societal stakeholders to get involved.

It is true that corruption exists in all countries of the globe, both developed and developing, in the public and private sectors, as well as in non-profit and charitable organizations.
However, it occurs in varying degrees in different countries and its impact is different. In low income or developing countries corruption, if not combated, can have a very devastating impact.
Public money stolen is public service delayed or denied. Money stolen from the public coffers can mean that children are left to die of preventable diseases.

It can mean that communities can be decimated by natural disasters that otherwise could be avoided if funds are available to protect communities and to respond to disasters.
It is for this reason that all of us as a society have a responsibility to stand and say no to corruption.

We have to stand firm and help strengthen our institutions that are fighting corruption so that a strong message is communicated that corruption in our midst will not be tolerated.
Just like a disease, corruption needs a proper diagnosis for us to be able to prevent and combat it. We need to understand its driving factors, complex as they are, so that the strategies that we put in place are fit for purpose.

We need to know which among the many types of corruption that include bribery, extortion, fraud, embezzlement, nepotism, cronyism, appropriation of public assets and property for private use, and influence peddling are prevalent in our country and why?
What are socio-economic and political conditions that give rise to these types of corruption?

According to the World Bank corruption takes many forms.
It can impact service delivery, such as when officials require bribes to provide routine services.
Corruption may unfairly determine who is awarded government contracts, with awards favouring friends, relatives, or business associates of government officials.
Corruption may also take the form of state capture, distorting how institutions operate and who controls them, with this type of corruption often having the highest economic impact.
When corruption has taken root in a country services, including public services cost more than the market price.

Corruption distorts the functioning of the market in that it can discourage producers of goods and services from producing thereby affecting the overall performance of a country’s economy.
This is because corruption undermines business confidence and displaces productive capital with rent seekers whose stock in trade is political and corruption networks.
In most cases, if not all, there is an inverse relationship between corruption and levels of investment, meaning where there is high levels of corruption, the levels of investment are low.
In the long run, a vicious cycle is created in which low levels of investment and low economic growth lead to high levels of corruption and vice versa.

We, in South Africa, witnessed state capture taking root and today we are still living with the consequences and we are likely to do so for a foreseeable future.
In June 20, 2022, the Zondo commission published its fifth and final report.

This comprehensive report detailed the findings of the inquiry into state capture in South Africa, providing strong evidence and insights into how it was organized by public and private sector leaders.

The report outlines how systemic corruption involving hidden networks of public and private actors repurposed state institutions for their own personal and political benefit.
To effect the capture, state institutions, especially state-owned enterprises, were capacitated with unscrupulous individuals whose purpose was to accelerate the collapse of corporate governance.

Once the governance was compromised, the purging of skilled professionals with ethics and integrity was usually the first priority.
What followed was the unmitigated collapse of systems, which would then facilitate the creation of corrupt procurement networks that, in the long run, either bankrupted or increased the debt liability of these institutions.

Once these networks were created, it became very difficult to distinguish between the corruptor and the corrupted.
In such a case, a sophisticated system of syphoning out public resources were created making it very difficult to detect the corrupt activities.
For example, once arrangements are made, a proper tendering and contracting process can be followed, but at the outset, the outcome of the process would be known.
To detect this kind of corruption would require the unraveling of the conspiracy without which the corruption will remain hidden.
All these developments mean that preventing and combating corruption has become a very complex exercise.

Our experience in South Africa with the largescale corruption taught us that corruption, regardless of its complexity, has enablers. Fundamentally, for corruption to happen it requires the corruptor and the corrupted.

For efficiency and effectiveness, the anti-corruption mechanisms we device to prevent and combat corruption have to focus on these aspects.
Today, curbed sooner, we may be living through the second phase of state capture.

This second phase is characterized by a system in which dangerous gangs are now targeting and taking over control of municipalities.
Through intimidation, threats, and violence, they take over the decision-making processes in the municipality and redirect all procurement towards companies that hardly deliver services.
The effect of poor performance of municipalities because of poor governance and instability, is such that it has attracted opportunistic gangs that are not large enough to attempt capture at a national government level but are violent and armed enough to target municipalities.

This a phenomenon we need to nip in the bud. Otherwise, our municipalities will fall in the hands of criminal gangs that will devour our communities.
Whereas the first phase of state capture was top-down, the second phase seems to be taking root from the bottom.
Our government has taken heed of warnings sounded by the Zondo commission and we are in the process of implementing the recommendations of the commission and also putting structures in place to do so.

A perception has been created that our government is relucted to implement the recommendations of the Zondo commission and let me assure you that nothing could be further from the truth.

Just to give you a progress report on the implementation. The NPA has made important progress in responding to state capture corruption matters, both in terms of the number of high-profile cases enrolled, and by removing the profit from crime through the work of the NPA’s Asset Forfeiture Unit (AFU).

Since the submission of the report to the President, IDAC has been dealing with 120 recommendations by the State Capture Commission (SCC), which are dealt with under 37 cases.
Of these cases, 82 recommendations comprising 20 cases are still under investigation, 23 recommendations comprising 9 cases are before the court, 4 recommendations comprising 2 cases have been finalised,11 recommendations comprising 5 cases are under consideration for authorisation, while IDAC decided not to prosecute 1 case involving 1 recommendation.
The Investigative Directorate Against Corruption (IDAC) is also dealing with state capture-related matters where no specific recommendations were made by Chief Justice Zondo.
These are 57 cases, 28 cases are before the court, 23 are under investigation, and 6 are being considered for authorisation.

The Asset Forfeiture Unit (AFU) of the NPA successfully recovered over R3.9 billion in ill-gotten gains through the implementation of the Corporate Alternative Dispute Resolution mechanism, thus ensuring that persons and entities do not benefit from unlawful activities and corruption.

Since 2020, the special Investigation Unit (SIU) has successfully recovered more than R10.6 billion, significantly aided by its efforts in handling COVID-19-related corruption cases.
The establishment of the Special Tribunal has allowed for expedited resolutions and substantial recovery for the state, showcasing the Unit's effectiveness.

Admittedly, there is a still a lot of work that needs to be done to deal with the wrongs that have been committed. There are many perpetrators of corruption who still need to be held accountable.

It is for this reason that government will be increasing its efforts to strengthen the institutions that are fighting against corruption.

The SIU will also enhance its anti-corruption through among others establishing a dedicated Lifestyle Audit Unit as a permanent capability to enhance its mandate in detecting unexplained wealth and preventing corrupt practices.

This initiative includes the acquisition of an advanced lifestyle audit analytics tool that will increase efficiency and enable high-quality, evidence-based reporting.
The Unit will ensure protection of whistle-blowers and SIU personnel integral to upholding the integrity of anti-corruption efforts.
This will be by implementing enhanced protective measures and confidential reporting systems, aligned with best practices and relevant legislation, to encourage reporting of misconduct while safeguarding the safety and rights of all involved parties.

The review of the Protected Disclosures Act of 2000 is underway with a view to introduce incentivisation of whistleblowing.
The review process will, among others, entail considering whether an across-the-board system should be introduced, namely, a system that is applicable in respect of all or the majority of whistle-blowers.

Whether the system should be restricted to certain sectors. Or whether the system will be able to function in conjunction with other mechanisms which are being considered, for example, the introduction of additional protective measures for whistle-blowers.

The Department will provide the required financial resources to the NPA to ensure the full operationalisation of the Investigating Directorate Against Corruption (IDAC) and support its mandate in addressing complex, high-profile corruption cases related to state capture.

With the high prevalence of cybercrime and increased usage of Artificial intelligence to commit fraud and corruption, the NPA with the German Embassy has initiated a training programme to equip Prosecutors AI skills and cybercrime in general.

Moreover, the Department will in line with the recommendations of National Anti-corruption Advisory council (NACAC), work with speed to review several legislations to strengthen anti-corruption architecture of the Republic.

As I conclude let quote the words of Tata Madiba, who in his Opening address at the Business Initiative Against Corruption and Crime,1995, said the following
“Democracy has taken root in our country and in our region, and with it have come peace and political stability. But all this will be little more than the shifting sands of
illusion, if we do not take decisive measures to strengthen the moral fibre of our nation.”

Underscoring the importance of working together to fight end corruption in our society he further said that
“As in all our other endeavours, success is reducing crime to acceptable levels depends on a partnership of all social structures working together for common goals. In crime we have a common enemy. Criminals depend for their survival on finding refuge within the very structures of society on which they prey. Where we have scored success, it has been largely due to co-operation between communities and police.”

After more than 30 years, we can say with more certainty that democracy has taken root, but we have not been able to strengthen the moral fibre of our nation.
I think that it is part of what we should be discussing in this gathering.

What is it that we are going to do as country to strengthen the moral fibre in this country so that social ills such as crime and corruption can be reduced?

Added to that is the question:
What is it that we are going to do together to prevent another state capture, state capture 2.0?

Let’s join hands and work together to prevent and combat corruption in our country. I wish you well in your deliberations.

I thank you.