The list of actions is long and detailed, from establishing by April 2023 a single register across the state to track people who’ve been fired or resigned to avoid disciplinary proceedings, to a specialised court roll for State Capture cases and research into a possible criminal offence of abuse of power by December 2023.

The implementation plan stays off prickly political issues, like actions against ministers named in the State Capture commission report. 

“The president will undertake a review of the positions of those members of his executive implicated in wrongdoing in the report and determine, on a case-by-case basis, in line with his discretion in this regard and his obligation to observe the principle of legality and to act rationally, whether or not any action ought to be taken.” 

The implementation plan is silent on cadre deployment — found to be unconstitutional because it fell short of the Constitution’s requirement in Chapter 10 for South Africa to have a fair, impartial, equitable and unbiased public service that “maintains a high standard of professional ethics: that is efficient, economic and effective in its use of resources…”

But a firm focus to put in place the systems and laws to prevent the recurrence of what Ramaphosa called “a crime against the people of South Africa” in his Sunday televised national address, runs throughout, even if not necessarily backed by firm, or urgent, timeframes.

On prosecuting and fighting corruption

• The Investigative Directorate (ID) in the prosecution services will be made permanent.
• Proposals for a permanent national anti-corruption institution will be produced for public consultation, finalisation and implementation.
• The National Director of Public Prosecutions appointment process will be changed to ensure public scrutiny.
• The Financial Intelligence Centre (FIC) appointed attorneys in late August 2022 to conduct an “urgent independent review” of the current reporting regime, and also review “what banks had reported in relation to possible state capture transactions…” This move may lead to future regulatory, and/or legislative changes.

On State-Owned Entities (SOEs)

Eskom has been at the centre of State Capture, but so have Transnet, the Passenger Rail Agency of South Africa (Prasa), armaments manufacturer Denel, and many more. The precarious financial position of many of these SOEs remains a constant risk to South Africa, never mind what has become persistent rolling blackouts.

The implementation plan says the government accepted the State Capture commission recommendation that the appointment of SOE boards must be a process “not open to manipulation” and that will include independent panels with appropriate technical expertise.

A “Guide for the Appointment of Persons to Boards and Chief Executive Officers of State-Owned and State-Controlled Institutions” is expected to be finalised in the 2023/24 financial year — in effect any time from 1 April 2023 to 31 March 2024.

A little closer at hand, by the end of March 2023, is a State-Owned Enterprises Bill to codify the appointment process, which has been developed and is currently being consulted on. 

Findings from National Treasury research on SOE professionalisation would “inform legislative reforms needed to pave the way for substantive overhaul of the functioning of audit committees…”

On procurement

The Public Procurement Bill, that has gone through discussions with social partners at the National Economic Development and Labour Council (Nedlac), would be in Parliament by March 2023. It addresses most, if not all the State Capture commission recommendations, including an ethics code, clear guidance on sole supplier procurement and protecting accounting officers from criminal or civil liability, unless they have acted negligently.

National Treasury is modernising and automating supply chain management systems, which would allow for information analysis across government and public entities. It is hoped that should close the gaps.

But questions arise on the bit that current regulations already deal with implementing agents. It was a gap that allowed State Capture abuse; at least a nod to ensuring existing regulations would be better enforced would have been nice.

On legislative reforms

This is a wide ranging area from splitting the State Security Agency into domestic and foreign entities — the General Intelligence Laws Amendment Bill is now expected in Parliament before the end of March 2023, about six months later than initially stated — to, well just about everything.

The Companies Act should be amended to allow a person be declared a delinquent director even beyond the current two-year period. It’s part of a review of the act that’s set to be completed sometime between July and September 2023.

The Political Party Funding Act would be amended to criminalise making donations with the expectation of procurement benefits: 

“This amendment will be made alongside other consequential amendments that will be required following the approval of the Electoral Amendment Bill currently before Parliament.”

The State Capture commission recommendation on better protection for whistle-blowers is going to be done through a review and amendment to the Protected Disclosure and the Witness Protection laws.

On Parliament

Mindful that Parliament determines its own internal arrangements; the current system of liaison between the legislature and executive must be reviewed, and improved if necessary. Deputy President David “DD” Mabuza as leader of government business will interact with Parliament’s presiding officers on this.

“To ensure that Parliament is sufficiently resourced to hold the Executive to account, the National Treasury will engage with Parliament to determine the most appropriate way to give effect to the commission’s recommendations on the funding of Parliament.” DM